Allowed

Tessna Tomy v. State of Kerala

Kerala HC2 Nov 2022WP(C)/18380/2022

Case brief

AI extract

What is this about?

Students challenging refusal to issue State Eligibility Test (SET) certificates due to pandemic-related exam delays. Court held respondents cannot deny certificates based on delays not attributable to students and allowed the petition.

What did the court decide?

Declaration of SET eligibility; direction to University to declare final year status; direction to LBS Centre to issue SET certificates.

Tessna Tomy Vs State of Kerala — Education and Admissions | Kerala HC (2022)

¶1

 IN THE HIGH COURT OF KERALA AT ERNAKULAM
 PRESENT

¶2

 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 2 ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944

¶3

WP(C) NO. 18380 OF 2022

¶4

PETITIONER/S:

¶5

 1 TESSNA TOMY
 AGED 25 YEARS
 D/O. TOMY JOSEPH,
 ELAMTHURUTHIL HOUSE,
 AMBOORI, AMBOORI P.O.,
 TRIVANDRUM - 695 505.
 2 DEEPAK J.S.,
 AGED 25 YEARS
 S/O.JOSE KUMAR,
 VINCENT VILLA, KANJIRAMKULAM,
 KANJIRAMKULAM P.O., TRIVANDRUM - 695 524.
 3 DEVIKA M.,
 AGED 25 YEARS
 D/O.MADHU, HARITHAM,
 THRIKKANNAMANGAL, KOTTARAKKARA P.O.,
 KOLLAM-691 506.
 4 HARIPRASAD R.,
 AGED 26 YEARS
 S/O.SAILAJA, VILAYIL PUTHEN VEEDU,
 MANNOTTUKONAM, PAYATTUVILA.
 TRIVANDRUM - 695 524.
 BY ADV S.MOHAMMED AL RAFI

¶6

RESPONDENT/S:

¶7

1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, STATUE P.O., THIRUVANANTHAPURAM - 695 001.

¶8

2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, SANTHINAGAR, THIRUVANANTHAPURAM - 695 001.

¶9

3 LBS CENTRE FOR SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS DIRECTOR, PALAYAM, NANDAVANAM, THIRUVANANTHAPURAM 695 033.

¶10

 WP(C) NO. 18380 OF 2022

¶11

¶12

4 UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM 695 034.

¶13

 SMT SHAMEENA SALAHUDEEN SC
 SRI THOMAS ABRAHAM SC
 SMT SAROJINI GP

¶14

 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
 ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
 FOLLOWING:

¶15

 WP(C) NO. 18380 OF 2022

¶16

¶17

JUDGMENT “CR”

¶18

The petitioners herein are students pursuing their B.Ed. Degree Course in various B.Ed. Colleges that are affiliated to the University of Kerala. They have approached this Court with this writ petition filed under Article 226 of the Constitution of India, seeking issuance of directions to the LBS Center for Science and Technology, the 3rd respondent herein, to issue State Eligibility Test (SET) Certificates in terms of Exhibits P4 to P7 SET Results declared in their favour. They have also sought for issuance of directions to the 4th respondent University to issue a declaration that the petitioners herein are undergoing their final year B.Ed Course from 17.08.2021 onwards.

¶19

2. Brief facts of the case are as under:

¶20

By order dated 06.06.2011, the Government has entrusted the responsibility to conduct SET upon the LBS Centre for Science and Technology, the 3rd respondent herein. Ext.P1 is the prospectus for the examination approved by the Government as per G.O.(Rt.) No. 4480/2021/GEDN dated 08.10.2021. Clause 5.7 of the prospectus reads as under:

¶21

“Candidates who have acquired their Master's Degree with the minimum required marks for eligibility to apply for SET and are undergoing the final year course for B.Ed Degree are eligible to apply for the test. Similarly candidates who have acquired their B.Ed. degree and are

¶22

 WP(C) NO. 18380 OF 2022

¶23

¶24

undergoing the final year of their Post Graduate Programme are also eligible to apply for the test. Such candidates must produce the Certificates of their qualifying examinations passed with the minimum required marks within one year from the date of publication of the results of the State Eligibility Test, failing which they shall be treated as disqualified.”

¶25

The petitioners fall within the category of candidates who have already acquired the Master’s Degree with the required marks. According to them, they had all joined the B.Ed Degree course 2020-2022 in various colleges affiliated with the 4th respondent University. The requirement in the prospectus is that they should be undergoing the Final Year Course for B.Ed. The petitioners assert that the III and IV Semesters constitute the Final Year B.Ed Degree course and as per Ext.P2 academic calendar, 2020, the III Semester is scheduled to commence from 17.8.2021. In terms of the academic calendar, the petitioners were eligible to apply for SET 2022. They rely on Ext.P3 certificate dated 6.4.2022 issued by the Principal, Emmanuel College of B.Ed Training, and it is contended that as per the academic calendar, the III Semester (2nd year) of the course is to commence from 17.8.2021.

¶26

Relying on the provisions of Ext.P1 prospectus, Ext.P2 academic calendar, and the respective certificates issued by the Principal of the Colleges, the petitioners applied for the SET exam. As is evident from Exts.P4 to P7, the provisional certificates were issued to each of the petitioners stating that they have all passed the test, which was

¶27

 WP(C) NO. 18380 OF 2022

¶28

¶29

conducted on 09.01.2022.

¶30

The grievance of the petitioners is that after they have passed the SET, the respondents are refusing to issue the certificates on the ground that the petitioners were actually not B.Ed II-year students when they appeared for the SET exam. Such a view has been taken by the respondents due to the delay that has occasioned in conducting the II-year B.Ed exam owing to the lockdown declared by the Government. According to the petitioners, the respondents are not justified in holding so, particularly when the exams were delayed for no fault of theirs. According to the petitioners, the I-year course was over in terms of the academic calendar, and all that remained was the conduct of the exam. It is on these assertions that this writ petition is filed seeking the following

¶31

reliefs:

¶32

i) To issue a writ of mandamus or any other appropriate writ or order or direction, commanding the 3rd respondent to issue SET Certificates as per Exts.-P4, P5, P6 and P7 SET Results to the petitioners; ii) To issue a writ of mandamus or any other appropriate writ or order or direction, commanding the 4th respondent University to issue a declaration that the petitioners are undergoing final year B.Ed. Course with effect from 17/8/2021;

¶33

iii) Issue an appropriate writ or order declaring that petitioners are eligible to apply for SET Exam 2022 and entitled to get SET Certificates;

¶34

A statement has been filed by the University of Kerala

¶35

 WP(C) NO. 18380 OF 2022

¶36

¶37

through their counsel. It is stated therein that the Annual Academic Calendar for the academic year shows the tentative dates for the commencement of classes and examinations. Due to the outbreak of the Covid-19 pandemic and the consequent lockdown declared by the Government, the classes for the 1st Semester B.Ed Degree course could start only from 04.01.2021. In view of the delay in the commencement of

¶38

the classes, the subsequent semesters were also delayed. In the said circumstances, the revised academic calendar for the B.Ed 2020-22 batch was emailed to all training centers as early as 22.06.2021. As per the revised academic calendar, revised dates are as follows:

¶39

	As per Aca (Ex	demic Calendar hibit P2)	Act (Revised Ac	ual Dates ademic Calendar)
	Comme	ncement of	Comm	encement of
	Classes	Examination	Classes	Examination
Semester 1	01.12.2020	05.04.2021	04.01.2021	25.06.2021
Semester 2	14.04.2021	09.08.2021	07.07.2021	15.11.2021
Semester 3	17.08.2021	13.12.2021	26.11.2021	24.06.2022
Semester 4	21.12.2021	18.04.2022	06.07.2022	19.10.2022

¶40

It is stated that as per the revised academic calendar, the 3rd

¶41

Semester is scheduled to commence only on 26.11.2021, and therefore,

¶42

the petitioners were not entitled to appear for the SET examination. The University received a lot of representations from the students, and taking

¶43

 WP(C) NO. 18380 OF 2022

¶44

¶45

note of their grievance, Annexure-R4(c) letter was forwarded to the Government seeking the view of the Government. The University has also placed on record Annexure-R4(f) communication dated 02.08.2022, as per which the University requested the Government to take a sympathetic view in favor of the students, taking note of the circumstances which led to delay in conducting the exams. However, the Government, in response to Annexure-R4(c) and (f), has issued Annexure-R4(g), refusing to consider the request made by the University. In view of Annexure-R4(g), the Syndicate resolved to accept the clarification from the Government, as is evident from Annexure-R4(h).

¶46

I have heard Sri. S. Mohammed Al Rafi, the learned counsel appearing for the petitioners, Sri. Thomas Abraham, the learned Standing Counsel appearing for the University, and Smt. Shameena Salahudeen, the learned standing counsel appearing for the 3rd respondent.

¶47

Sri. Mohammed Al Rafi, the learned counsel, pointed out that despite the University highlighting the genuine grievances of the students, the 1st respondent has ignored the same on unsustainable grounds. According to the learned counsel, the students cannot be faulted for the delay on the part of the respondents in conducting the exams. Going strictly by Ext.P1 prospectus and Ext.P2 Academic Calendar, the petitioners were all pursuing their II-Year course. The learned counsel

¶48

 WP(C) NO. 18380 OF 2022

¶49

¶50

would further point out that in respect of students like the petitioners who were pursuing their B.Ed. Course in colleges affiliated to the Mahatma Gandhi University, declarations were issued by the University that they were all pursuing their II-Year course, and on this basis, certificates have been issued. According to the learned counsel, as per the original schedule, the examination for the II-Semester ought to have been held from 09.08.2021 to 16.08.2021, and the III-year classes ought to have commenced from 17.08.2021 and was scheduled to end only on 22.11.2021. The petitioners were all eligible to apply for SET 2022, and it is in the said circumstances they have applied for the same. He also refers to Exhibits P4 to P7 and submitted that they have all cleared the examination. The learned counsel would also refer to Exhibit R4(f), and it is submitted that the University of Kerala had also requested the Government to consider the cause of the students in the writ petition.

¶51

Smt. Shameena Salahudeen, the learned counsel, submitted that the said certificate be issued only if the College affiliated to the University issues a declaration that the petitioners herein were pursuing their II-year B.Ed., at the time when they had applied for the examination.

¶52

Sri. Thomas Abraham, the learned counsel appearing for the University, submitted that they have forwarded a letter to the State

¶53

 WP(C) NO. 18380 OF 2022

¶54

¶55

requesting sympathetic consideration as more than 100 students were affected. However, the Government refused to grant approval to the request. In the said circumstances, they have refused to issue the declaration as prayed for by the petitioners.

¶56

I have considered the submissions advanced.

¶57

From the narration of the events above, I find that the

¶58

III-Semester was scheduled to commence on 17.08.2021 as per the Academic Calendar. However, due to COVID restrictions, the course got delayed. The II-year B.Ed examination could be held only on 15.11.2021. The petitioners herein had acted strictly in accordance with the academic calendar issued by the respondents, and going by the calendar, they were well justified in applying for the examinations. Exts.P4 to P7 are the certificates issued in favor of the petitioners, which show that they have qualified. The failure on the part of the University in conducting the exams strictly in accordance with the academic calendar cannot be a reason to deprive students like the petitioners who had passed the examination with flying colors. As is clear from the narration of events above, the cause for the delay cannot be attributed to the petitioners. They were unquestionably eligible going by Ext.P2 academic calendar. The exams were delayed by an extraordinary and unparalleled situation that arose on account of the pandemic. Instead of providing relief and

¶59

 WP(C) NO. 18380 OF 2022

¶60

¶61

succor to the students who burnt the midnight oil and qualified for the examinations, the respondents have raked up technical reasons to deny the candidates the certificates that they deserved. It would be grossly inequitable and unbecoming of academic organizations to rely on reasons not attributable to the candidates to deprive them of the certificate, which they had become entitled to on the dint of their sheer hard work. I find from Annexure-R4(f) that the University was also cognizant of the difficulties that the students were likely to face. It was in the said circumstances that they had pleaded with the Government to consider the cause of the students sympathetically. The Government has relied on certain matters which have nothing to do with the facts of the instant case to deny the request made by the University. Having considered the entire facts, I am of the considered opinion that the reasons given by the respondents to refuse the SET certificate to the petitioners cannot be sustained under law.

¶62

Resultantly, this writ petition will stand allowed.

¶63

(i) It is declared that the petitioners are eligible to apply for the SET Examination - January 2022.

¶64

(ii) Consequently, there will be a direction to the 4th respondent to issue a declaration that the petitioners were undergoing

¶65

the Final Year B.Ed course in terms of Exhibit P2 Academic

¶66

 WP(C) NO. 18380 OF 2022

¶67

¶68

Calendar as on 17.8.2021 and there will be a further direction

¶69

to the 3rd respondent to issue the SET certificate in terms of

¶70

Exhibits P4 to P7.

¶71

Sd/-

¶72

RAJA VIJAYARAGHAVAN V

¶73

JUDGE

¶74

avs

¶75

 WP(C) NO. 18380 OF 2022

¶76

¶77

APPENDIX OF WP(C) 18380/2022

¶78

PETITIONER EXHIBITS

¶79

`Exhibit P1`	`TRUE COPY OF THE RELEVANT PAGES OF PROSPECTS` `FOR SET 2022 ISSUED BY 3RD RESPONDENT.`
`Exhibit P2`	`TRUE COPY OF THE RELEVANT PAGES OF THE ANNUAL` `ACADEMIC & CALENDER - 2020-21, ISSUED BY 4TH` `RESPONDENT.`
`Exhibit P3`	`TRUE COPY OF THE CERTIFICATE DTD. 6/4/2022,` `ISSUED BY THE PRINCIPAL EMMANUAL COLLEGE OF` `B.ED. TRAINING.`
`Exhibit P4`	`TRUE COPY OF THE STATE ELIGIBILITY TEST RESULTS` `-JANUARY-2022, . 29/1/2022, ISSUED TO THE 1ST` `PETITIONER.`
`Exhibit P5`	`TRUE COPY OF THE STATE ELIGIBILITY TEST RESULTS` `-JANUARY-2022, TD. 29/1/2022, ISSUED TO THE 2ND` `PETITIONER.`
`Exhibit P6`	`TRUE COPY OF THE STATE ELIGIBILITY TEST RESULTS` `-JANUARY-2022, TD. 29/1/2022, ISSUED TO THE 3RD` `PETITIONER.`
`Exhibit P7`	`TRUE COPY OF THE STATE ELIGIBILITY TEST RESULTS` `-JANUARY-2022, D. 29/1/2022, ISSUED TO THE 4TH` `PETITIONER.`

¶80

RESPONDENT EXHIBITS

¶81

`Exhibit`	`R4(a)` `TRUE COPY OF THE`	`REVISED ACADEMIC CALENDER`
`Exhibit`	`R4(b)` `TRUE COPY OF THE` `DATED 22.06.2021`	`EMAIL SENT TO THE COLLEGES`
`Exhibit`	`R4(c)` `TRUE COPY OF THE` `11.03.2022.`	`LETTER NO.AC.AIII/2022 DATED`
`Exhibit`	`R4(d)` `TRUE COPY OF THE`	`LETTER`
	`NO.13718/Ac.AIII/`	`2022/UoK DATED 18.04.2022.`

¶82

 WP(C) NO. 18380 OF 2022

¶83

¶84

 Exhibit R4(e) TRUE COPY OF THE MINUTES OF THE SYNDICATE HELD
 ON 12.04.2022

¶85

Exhibit R4(f) TRUE COPY OF THE LETTER NO. Ac.AIII/2022 DATED 02.08.2022.

¶86

Exhibit R4(g) TRUE COPY OF THE LETTER NO. SC3/188/2022/G.EDN. DATED 01.08.2022.

¶87

EXHIBIT R4(h) THE TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 25.08.2022 (ITEM NO. 45.81)

Tessna Tomy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Tessna Tomy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Muhammed Rayees P K Vs the State of Kerala

Jithin Gopal Vs State of Kerala

Radhika .C Vs State of Kerala

Fr.Saju.M.D. Vs Director of Higher Secondary Education

Muhammed Asharaf K.V. Vs State of Kerala

Mohankumar.M.K Vs State of Kerala