Writ petitioner sought direction to implement extracurricular schemes for grace marks in 100% schools and to stop grace marks pending such implementation. Court found satisfaction with existing steps and dismissed the petition.
Prayers to implement schemes in 100% schools and to stay award of grace marks were not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945
WP(C) NO. 12874 OF 2020
PETITIONER/S:
C.A.PURUSHOTHAMAN,
CHALUNKAL NIKARTH, EZHUPUNNA P.O.,
CHERTHALA, ALAPPUZHA.
BY ADVS.
JOSEPH RONY JOSE
SRI.E.A.JOSE
SRI.K.G.GOPAKUMAR
SMT.K.N.NAZEERA
RESPONDENT/S:
1THE STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION(DPI), JAGATHY,
THIRUVANANTHAPURAM-695014.
BY ADVS.
SRI.ANTONY MUKKATH
SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH
ADVOCATE GENERAL OFFICE KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12874 OF 2020 ..2..
JUDGMENT
S.MANIKUMAR, CJ.
Instant writ petition is filed for the following reliefs:
the petitioner’s application filed under the Right to
WP(C) NO. 12874 OF 2020 ..3..
Information Act, 2005, has been forwarded to the State Public Information Officer of General Education Directorate. Grievance raised is against the inaction of respondent Nos. 2
to 4 in not preventing inequality in granting grace marks which affects ordinary students.
“4. It is submitted that the National Service Scheme (NSS), a value-based student Youth Organization which came into being in the nation country in 1969 September 24 as per the decision of the Central Government to ensure the student youth participation in the nation building process. NSS is one of the major youth schemes being operated in the Ministry of Youth Affairs & Sports. At the time of the formation of the National Scheme, NSS Units were recommended
WP(C) NO. 12874 OF 2020 ..4..
in all educational institutions across the country to implement the concept of personal development through community service. Currently NSS is present in 65% of the schools in the General Education sector. While awarding grace marks, a beneficial approach shall be made, since the student participating in NSS activities are diverting their study hours for NSS Programmes. In NSS Manual, Page No.84, the Ministry of Youth Affairs and Sports prescribed certain incentives for NSS Volunteers who completed two years of service in NSS ie.,
“The NSS Volunteers should get appropriate weightage if he/she completes two years in NSS and gets the Certificate signed by the Vice Chancellor of the University/Head of +2 council. Universities may give preference to such NSS Volunteers in matters of admission and other privileges as decision by them."
National Cadet Corps provides equal opportunity to all the institutions/students in the State. Induction of an NCC sub unit in an institute depends upon the decision of the governing body or PTA of that Institute. If one Institute desires to have an NCC sub unit in their institute, provided they have the infrastructure and adequate man power for NCC training, then they should submit the requisite application to the nearest NCC battalion/unit. The commanding officer of the unit would recommend and forward the application to the Directorate through Group
WP(C) NO. 12874 OF 2020 ..5..
Commander. On receipt of the application from Group Commander, NCC Directorate (Kerala & Lekshadweep) would forward the same on seniority basis ie., first come serve, to the Government for approval. After approval of the Government, National Cadet Corps Directorate allots the cadet strength to the institute as per the available existing vacancies. This procedure clearly shows that the National Cadet Corps gives equal opportunity to all the institutions in the State.
After devoting so many hours of regular practice, parade and attending various NCC camp activities (District, State and National level) thus by losing their regular academic classes and leaving the entire camp period from their homes, the NCC cadets become eligible to get grace marks. The students those who do not wish to join National Cadet Corps are neither losing a single class hour nor staying away from home in comparison with the NCC cadets. The National Cadet Corps moulds the entire enthusiastic and energetic cadets to join the Armed Forces as well as the uniformed State Services. The applicant's point ie., short cut to 'A' plus grade is absolutely incorrect and demoralizing. Considering services rendered by NCC cadets especially during natural calamity and pandemic like Covid-19, it is essential to reciprocate with Grace Marks to these cadets who miss the academic training. Awarding of Grace Marks to Secondary Level School Certificate/Technical High School Leaving
WP(C) NO. 12874 OF 2020 ..6..
Certificate and Higher Secondary/Vocational Higher Secondary cadets is as given below:-
WP(C) NO. 12874 OF 2020 ..7..
catering for students from all walks of life. It is also informed that, in the year 2019, 556 out of 880 institutions, i.e., 63% of institution strength were from rural areas. Further, in the year 2019, Kerala NCC Directorate has raised a new Battalion with approx. cadet strength of 3520 for tribal dominated District and 28 Government/ Government aided Wayanad District and institutions were allotted with NCC vacancies at Idukki. In the year 2020, NCC has released approx. 4500 vacancies especially for Coastal regions for which enrollment is in progress. This will specially benefit students from Fishermen Community as well as students of High-Range.
WP(C) NO. 12874 OF 2020 ..8..
students who have secured admission in the academic year have the opportunity to join the NSS as per their Interest so that the opportunity of the students is not denied.
WP(C) NO. 12874 OF 2020 ..9..
implement the concept of personal development through community service. Currently NSS is present in 70% of the schools in the General Education Sector. Units are provided to schools which do not have units as and when required. Selection to the National Service Scheme is conducted without any prejudice and in a transparent manner and any interested students has the opportunity to join. In addition. the NSS Manual ensures special representation of scheduled Cast, Scheduled Tribe and other backward classes in the selection of volunteers for the units. All Schools that do not currently have NSS units were given the opportunity to apply every year to start new Units. That way the opportunity for children and schools is not denied.
WP(C) NO. 12874 OF 2020 ..10..
Volunteers, who completed two years of service in NSS. That is, the NSS Volunteers should get appropriate weightage if he/she completes two years in NSS and gets the Certificate signed by the Vice Chancellor of the University/ Head of +2 Council, Universities may give preference to such NSS volunteers in matters of admission and other privileges as decided by them.
WP(C) NO. 12874 OF 2020 ..11..
cadets become eligible to get grace marks. The students, who do not wish to join National Cadet Corps, are neither losing a single class hour nor staying away from home, in comparison with the NCC cadets. The National Cadet Corps moulds the entire enthusiastic and energetic cadets to join the Armed Forces as well as the uniformed State services.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SB
WP(C) NO. 12874 OF 2020 ..12..
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 |
PHOTOCOPY OF REPRESENTATION FILED BEFORE THE2ND RESPONDENT. |
|---|---|
EXHIBIT P2 |
PHOTOSTAT COPY OF RIGHT TO INFORMATION REPLYFROM HIGHER EDUCATION DEPARTMENT DATED24/02/2020. |
EXHIBIT P2(A) |
TRUE COPY OF TRANSLATION OF EXHIBIT P2. |
EXHIBIT P3 |
PHOTOSTAT COPY OF RIGHT TO INFORMATION REPLYFROM NCC DIRECTORATE DATED 26/05/2020. |
EXHIBIT P3(A) |
TRUE COPY OF TRANSLATION OF EXHIBIT P3. |
2 issues framed by the court
Whether the Court should direct respondents to implement extracurricular schemes for granting grace marks in 100% schools to prevent discrimination.
Whether the Court should restrain respondents from awarding grace marks to NCC cadets until extracurricular schemes are implemented in all schools.
2 provisions across 2 enactments
CA PURUSHOTHAMAN
THE STATE OF KERALA
S.MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court