Allowed

State of Kerala v. Fleming Shaijan (Minor)

Kerala HC3 Nov 2021WA/1426/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition and disposed of an appeal, holding that securing admission in an unaided school does not bar a student from seeking allotment to Government/aided seats under the State's centralised Single Window System for Plus One admissions.

What did the court decide?

Made the interim order absolute; directed appellants to consider the petitioner's application for allotment to Government/aided Higher Secondary schools.

State of Kerala Vs Fleming Shaijan (Minor) — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,

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1943

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WA NO. 1426 OF 2021

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AGAINST THE ORDER IN WP(C) 23353/2021 OF HIGH COURT OF KERALA, ERNAKULAM

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APPELLANTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY DIRECTOR OF GENERAL EDUCATION.

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3 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

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4 THE REGIONAL DEPUTY DIRECTOR DEPARTMENT OF HIGHER SECONDARY EDUCATION, NEAR CHANGAMPUZHA PARK, EDAPPALLY, KOCHI - 682 024.

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BY SR. GOVERNMENT PLEADER SRI.A J VARGHESE

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RESPONDENT:

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FLEMING SHAIJAN (MINOR) AGED 16 YEARS

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WA.1426 of 2021 & WP(C)No.23353 of 2021

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S/O. SJAIJAN JOSEPH, PALATTY KOONATHAN HOUSE, YORDHANPURAM P. O., ALUVA TALUK, ERNAKULAM DISTRICT - 683 574, REPRESENTED BY HIS MOTHER SIJI VARHGESE, PALATTY KOONATHAN HOUSE, YORDHANPURAM P. O., ALUVA TALUK, ERNAKULAM DISTRICT - 683 574.

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BY SRI.P.SHAIJAN JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, ALONG WITH WP(C).23353/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.1426 of 2021 & WP(C)No.23353 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,

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1943

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WP(C) NO. 23353 OF 2021

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PETITIONER:

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FLEMING SHAIJAN (MINOR) AGED 16 YEARS S/O. SHAIJAN JOSEPH, PALATTY KOONATHAN HOUSE, YORDHANAPURAM P.O, ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683574 REPRESENTED BY HIS MOTHER SIJI VARGHESE, PALATTY KOONATHAN HOUSE, YORDHANAPURAM P.O, ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683574 BY ADV P.SHAIJAN JOSEPH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM PIN 695 001

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2 DIRECTORATE OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING SANTHI NAGAR, THIRUVANANTYHAPURAM PIN 695 001 REPRESENTED BY DIRECTOR OF GENERAL EDUCATION.

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3 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING SANTHI NAGAR, THIRUVANANTHAPURAM PIN 695 001

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4 REGIONAL DEPUTY DIRECTOR

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WA.1426 of 2021 & WP(C)No.23353 of 2021

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DEPARTMENT OF HIGHER SECONDARY EDUCATION, NEAR CHANGAMPUZHA PARK, EDAPALLY, KOCHI 682 024

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BY SR. GOVERNMENT PLEADER SRI.A J VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, ALONG WITH WA.1426/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.1426 of 2021 & WP(C)No.23353 of 2021

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JUDGMENT

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A.K.Jayasankaran Nambiar, J.

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The writ appeal is filed by the State of Kerala and its Higher Secondary Education and General Education Department, aggrieved by an interim order dated 28.10.2021 of a learned Single Judge in WP(C)No.23353 of 2021. In as much as the issue raised in the writ appeal lies in a very narrow compass and we felt that an adjudication of the appeal would effectively dispose the writ petition itself, we deemed it appropriate to call for the writ petition also for consideration along with the appeal. It is thus that both the writ appeal and the writ petition are before us today.

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The writ petition was filed by a minor represented by his mother, who is a student, who passed the Secondary School Examination 2021 from the Central Board of Secondary Education. It is stated that the petitioner submitted an online application for admission to the Higher Secondary course (Plus One) (2021-2022) the allotment for which is undertaken by the Directorate of Higher Secondary Education of the State Government. It was the desire of the petitioner to get admission to the Science Biology seat through

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WA.1426 of 2021 & WP(C)No.23353 of 2021

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the Central allotment process undertaken by the State Government in one of the Government/aided schools in the State for which the allotment process was managed by the State Government. It would appear that the petitioner did not secure admission after completion of two allotments and although the petitioner was entitled to be considered in the subsequent allotment procedures, by way of abundant caution he obtained admission to the Plus One course in an unaided school the allotment to which is not carried out by the State Government, but by the unaided school itself. The grievance in the writ petition was essentially against the stand taken by the second respondent that in view of the admission obtained by the petitioner to the Plus One course in an unaided Higher Secondary school, he could not be considered thereafter for allotment to the Government and aided Higher Secondary schools under the Central allotment procedure carried out by the State Government.

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The learned Single Judge who considered the matter, after going through the prospectus published by the Government on 12.08.2021 as also the various Government Orders relied on by the Government Pleader, found that it was with a view to make the admission to Higher Secondary schools in the State transparent, simple and in compliance with the norms of social justice that the

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WA.1426 of 2021 & WP(C)No.23353 of 2021

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State Government had put in place the Single Window System for admission to Plus One courses. A reference was made to Clause 3 of the prospectus to find that the admission to the management, community and unaided seats was to be done by the respective managements and the students seeking admissions to such seats were also required to approach the school concerned directly for securing admissions to such seats. It was found that the application for Single Window System could not be used for admission to the management/community/unaided quota seats. Relying on the said provisions in the prospectus, the learned Single Judge found that in as much as the petitioner had not secured admission through the allotment as per the Single Window System to a Plus One course in any aided or Government Higher Secondary School, the mere fact that he had secured admission in an unaided school could not work his disadvantage while considering his candidature for admission to the Government/aided Higher Secondary schools through the centralised allotment procedure, and based on his ranking in the merit list. The Government was directed to accept the application preferred by the petitioner for allotment to the Government/ aided Higher Secondary schools and process the same in terms of the various clauses in the prospectus.

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It is against the said interim order that the

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Government has come up in appeal before us contending inter alia that the admission obtained by the writ petitioner in an unaided school effectively prevents him from seeking admission to a Plus One course in a Government/aided Higher Secondary school pursuant to the allotment under the centralised allotment procedure. Reliance is placed on the decisions rendered by various forums in the context of self financing MBBS/BDS courses to contend that if a student awaiting allotment under the centralised allotment scheme chooses to get admission in a self financing institution then he cannot later renege from that position and seek a transfer to another institution under the Government sector.

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We find ourselves unable to accept the contention of the learned Government Pleader, placing reliance on the judgments rendered in the context of self financing MBBS/BDS courses. Firstly, even as per the prospectus in the instant case the power of the Government to make allotments is reserved only in respect of Government/aided Higher Secondary schools and to seats in the Plus One courses in the said schools. The condition that stipulates that a student who has already secured admission in a school cannot seek an allotment to any other school can apply only

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in respect of allotments made to a Government or Aided school, since those are the schools to which the Government can make allotments. Such conditions/restrictions in the matter of allotment cannot have any application when the admission obtained by a student is in an unaided Higher Secondary schools where the State Government has no role to play in the allotment process. We are therefore, in agreement with the view expressed by the learned Single Judge that the mere fact that the writ petitioner had obtained admission in an unaided Higher Secondary school could not have the effect of denying him the benefit of applying for a seat in the Plus One course in any of the Government/aided Higher Secondary schools in the State.

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We therefore, dispose the writ appeal, as also the writ petition, by making the interim order impugned in the writ appeal absolute and directing the appellants in the writ appeal to forthwith consider the application preferred by the writ petitioner for allotment of seat in a Plus One course in the Government/aided Higher Secondary schools in the State. The application of the writ petitioner shall be considered in the allotment procedure that commenced on 28.10.2021 and based on the position of the petitioner in the rank list prepared in connection with the allotment

procedure.

The learned Government Pleader shall communicate the gist of the directions in this judgment to the appellants for immediate compliance.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/-

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MOHAMMED NIAS C.P., JUDGE

dlk 03.11.2021

APPENDIX OF WP(C) 23353/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF MARKS STATEMENT CUM CERTIFICATE DATED 3-08-2021 ISSUED FROM CENTRAL BOARD OF SECONDARY EDUCATION DELHI Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION OF THE PETITIONER Exhibit P3 TRUE COPY OF NOTIFICATION NO. ICT CELL/1771/1/DGE-HSS/2021 DATED 25-10-2021 ISSUED BY 3RD RESPONDENT FOR SUBMITTING APPLICATION FOR SUPPLEMENTARY ALLOTMENT Exhibit P4 TRUE COPY OF PHOTOGRAPHS OF CANDIDATE LOGIN 2021-2022 OF THE PETITIONER. Exhibit P5 TRUE COPY OF PHOTOGRAPH SHOWING THE RESULT OF LOGIN OF THE PETITIONER.

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APPENDIX OF WA 1426/2021

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PETITIONER ANNEXURE

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Annexure A1 TRUE COPY OF PROSPECTUS FOR THE YEAR 2021-22 FOR SINGLE WINDOW SYSTEM FOR ADMISSION TO PLUS ONE.

State of Kerala v. Fleming Shaijan (Minor)

Case brief

What is this about?

What did the court decide?

State of Kerala v. Fleming Shaijan (Minor)

Case brief

What is this about?

What did the court decide?

What the court decided

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