Dismissed

Sameel K.S. v. Director (Sss)

Kerala HC21 Feb 2023WP(C)/2892/2016

Case brief

AI extract

What is this about?

The Court dismissed writ petitions seeking a direction to admit petitioners for Higher Secondary examinations despite their failure to submit valid Class 10 pass certificates or equivalent certificates, upholding the respondent's requirement and quashing interim relief.

What did the court decide?

Direction to admit petitioners for examinations and permit them to attend the Higher Secondary exam and practicals.

Sameel K.S. Vs Director (Sss) — Education and Admissions | Kerala HC (2023)

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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 AMIT RAWAL

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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944

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WP(C) NO. 2892 OF 2016

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PETITIONER:

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SAMEEL K.S.

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S/O.SHAJI MON, AGED 18 YEARS KOLLAMPARAMBIL HOUSE, KALOOR P.O. ELAMKULAM VILLAGE, KANAYANNUR TALUK ERNAKULAM DISTRICT.

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BY ADV SRI.P.M.ZIRAJ

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RESPONDENTS:

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1 DIRECTOR (SSS) NATIONAL INSTITUTE OF OPEN SCHOOLING A 24-25, INSTITUTIONAL AREA, NH 24, SECTOR 62, NOIDA 201309 2 REGIONAL DIRECTOR REGIONAL CENTRE, NATIONAL INSTITUTE OF OPEN SCHOOLING, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI- 682 036

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BY ADVS. SRI.K.S.SAJEEV KUMAR SRI.T.K.VENUGOPALAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH WP(C).3686/2016, 9397/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.2892/2016 & conn.

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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 AMIT RAWAL

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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944

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WP(C) NO. 3686 OF 2016

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PETITIONER:

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PRIYANKA ANIL D/O.ANIL C MADHAVAN, AGED 18 YEARS CHAKKAMPARAMBIL, ATHALOOR P.O, TAVANUR, PONNANI TALUK, MALAPPURAM DISTRICT

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BY ADV SRI.P.M.ZIRAJ

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RESPONDENTS:

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1 DIRECTOR (SSS), NATIONAL INSTITUTE OF OPEN SCHOOLING A 24-25, INSTITUTIONAL AREA, NH 24, SECTOR 62, NOIDA - 201 309.

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2 REGIONAL DIRECTOR REGIONAL CENTRE, NATIONAL INSTITUTE OF OPEN SCHOOLING, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR,KOCHI - 682 036.

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BY ADV SRI.T.K.VENUGOPALAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH WP(C).2892/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.2892/2016 & conn.

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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 AMIT RAWAL

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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944

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WP(C) NO. 9397 OF 2016

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PETITIONER:

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SAHIL.K.S AGED 18 YEARS S/O SHAJI MON, KOLLAMPARAMBIL HOSUE, KALOOR P.O., ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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BY ADV SRI.P.M.ZIRAJ

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RESPONDENTS:

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1 DIRECTOR (SSS), NATIONAL INSTITUTE OF OPEN SCHOOLING A 24-25, INSTITUTIONAL AREA, NH 24, SECTION 62, NOIDA-201309.

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2 REGIONAL DIRECTOR REGIONAL CENTRE, NATIONAL INSTITUTE OF OPEN SCHOOLING, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI-682036.

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BY ADV SRI.K.S.SAJEEV KUMAR SRI.JUSTIN JACOB, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH WP(C).2892/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.2892/2016 & conn.

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JUDGMENT

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[WP(C) Nos.2892/2016, 3686/2016, 9397/2016]

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This order of mine shall dispose of three Writ Petitions preferred by three persons against the action of the respondents for not permitting them to sit in the examination of Higher Secondary in the absence of submission of the 10^th pass certificate or equivalent certificate as per the norms of National Institute of Open Schooling (NIOS). Petitioners are stated to have cleared the 10^th examination from Dawn International School and without disclosing whether such school was an aided school and affiliated with any of the recognised Education Board, in the absence of any equivalent certificate, submitted a form for admission in the Higher secondary. Though the fees were paid and identity cards were issued, a memo in the month of December 2015 was issued requiring the same. Instead of taking any effective steps, the petitioners approached this Court with the following prayers: WP(C)No.2892/2016 :

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“(1) issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to receive the application submitted by the petitioner along with the exam fee to attend the higher secondary exam ; and

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(2) issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to permit the

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WP(C)No.2892/2016 & conn.

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petitioner to attend the higher secondary exam proposed to be conducted in the month of March – April.”

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WP(C)No.2892/2016 :

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“(1) issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to receive the application submitted by the petitioner along with the exam fee to attend the higher secondary exam ; and

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(2) issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to permit the petitioner to attend the higher secondary exam proposed to be conducted in the month of March – April.”

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WP(C)No.9397/2016 :

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“issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to permit the petitioner to attend the higher secondary exam proposed to be conducted in the month of March – April and the practical exam scheduled to be starting from 14.03.2016.”

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2. Learned counsel appearing on behalf of the petitioners

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submitted that once the school has accepted the entire fee, it should be understood that the provisions of submission of the final 10^th certificate or its equivalent certificate is dispensed with as provisional certificate has already been issued. Vide interim orders, the petitioners have been permitted to sit in the examination and the results have been withheld.

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WP(C)No.2892/2016 & conn.

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On the other hand, learned counsel appearing on behalf of the respondents - NIOS submitted that no student can be allowed to sit in the examination in the absence of 10 th pass certificate. The petitioners have not been able to produce on th record the 10 pass certificate or equivalent certificate from the Dawn International School which is equivalent to the 10 th class of Central Board of Secondary Education certificate. In the absence of the same, the admission was liable to be cancelled. They were not permitted to sit in the examination, but by virtue of the interim orders, had availed such benefit.

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I have heard the counsel for the parties and appraised the paper book.

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Basically all the petitioners have passed 10 th examination from the Dawn International School without disclosing whether it was affiliated with CBSE or ICSE. It is a requirement of law for all the students t o submit the certificate of 10 th class of having obtained A, B or C Grades in all the subjects, whereas the certificates produced in the petitions do not suffice the requirement of law as do not have equivalency to A, B, C or D, but only substandard o f E and F as well. Thus the petitioners have not cleared the 10^th examination. In the absence of the same, they

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WP(C)No.2892/2016 & conn.

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were not permitted to sit in the Higher Secondary Examinations.

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In this view of the matter, I am of view that the action of the respondents is perfectly justified. There cannot be any travesty of justice. Interim orders passed by this Court permitting the petitioners to appear for the examination was subject to the outcome of the Writ Petitions. Once the petitioners have not achieved the desirable results for obtaining the admission, they cannot be permitted to sit in a Higher Secondary School without clearing the 10^th examination. In this view of the matter, no justification is made out warranting interference and for issuing writ of mandamus.

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Writ Petitions are devoid of merit, dismissed.

AMIT RAWAL

csl

APPENDIX OF WP(C) 3686/2016

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 : COPY OF THE PROVISIONAL MARK LIST SHOWING THE RESULTS OBTAINED BY THE PETITIONER IN TENTH STANDARD

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EXHIBIT P2 : COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER FROM DAWN INTERNATIONAL PUBLIC SCHOOL

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EXHIBIT P3 : COPY OF THE DEMAND DRAFT DATED 11.1.2016 TOWARDS THE EXAM FEE TAKEN BY THE PETITIONER EXECUTED IN FAVOUR OF SECRETARY NATIONAL INSTITUTE OF OPEN SCHOOLING.

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EXHIBIT P5 : COPY OF THE EQUIVALENCE CERTIFICATE ISSUED TO MS.PRIYANKA ANIL BY THE JOINT SECRETARY, ASSOCIATION OF INDIAN UNIVERSITITES DATED 26.7.2016

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EXHIBIT P6 : COPY OF THE PERCENTAGE UNIFORM MARKS ISSUED BY THE CAMBRIDGE INTERNATIONAL EXAMINATIONS

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EXHIBIT R2(a): ANNEXURE C OF THE PROSPECTUS ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING

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EXHIBIT R2(b): RELEVANT PORTION OF THE PROSPECTUS CONTAINED IN PARAGRAPH 2.4 ENTRY REQUIREMENTS IN PAGES 9 AND 10 OF THE PROSPECTUS

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EXHIBIT R2(c): COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER

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EXHIBIT R2(d): COPY OF THE CLARIFICATION OBTAINED FROM THE ASSOCIATION OF INDIAN UNIVERSITIES ON 27.10.2014

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EXHIBITR2(e): COPY OF PAGES 12 AND 13 OF THE PROSPECTUS ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING

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EXHIBIT R2(f): COPY OF ON LINE ADMISSION STATUS PUBLISHED IN THE WEB SITE OF THE NATIONAL INSTITUTE OF OPEN SCHOOLING

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EXHIBIT R2(g): COPY OF THE MEMO DATED 21.12.2015 ISSUED BY THE NATIONAL INSTITITE OF OPEN SCHOOLING TO THE PETITIONER

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APPENDIX OF WP(C) 3686/2016

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PROVISIONAL MARK LIST SHOWING THE RESULTS OBTAINED BY THE PETITIONER IN TENTH STANDARD EXHIBIT P2 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER FROM DAWN INTERNATIONAL PUBLIC SCHOOL. EXHIBIT P3 TRUE COPY OF THE DEMAND DRAFT DATED 11.01.2016 DRAWN ON THE STATE BANK OF TRAVANCORE, CHEROOR BRANCH TOWARDS THE EXAM FEE TAKEN BY THE PETITIONER EXECUTED IN FAVOUR OF SECRETARY, NATIONAL INSTITUTE OF OPEN SCHOOLING. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 27.1.2016 IN WPC NO.2892/2016 ON THE FILE OF THIS HONOURABLE COURT.

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APPENDIX OF WP(C) 9397/2016

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PETITIONER'S EXHIBITS

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EXHIBIT	P1: TRUE COPY OF SHOWING THE R PETITIONER IN	THE ESUL TEN	PROVISIONAL MARK LIST TS OBTAINED BY THE TH STANDARD.
EXHIBIT	P2: TRUE COPY OF SUBMITTED BY EXAM.	THE THE	APPLICATION FORM PETITIONER TO ATTEND
EXHIBIT	P3: TRUE COPY OF ISSUED TO THE RESPONDENT.	THE PET	STUDENTS IDENTITY CARD ITIONER BY THE IST
EXHIBIT	P4: TRUE COPY OF PETITIONER BY	THE THE	MEMO ISSUED TO THE 2ND RESPONDENT.
EXHIBIT	P5: TRUE COPY OF OF 2016 DATED	THE 27.	INTERIM ORDER IN WPC 2892 1.2016.
EXHIBIT	P6: TRUE COPY OF OF 2016 DATED	THE 29.	INTERIM ORDER IN WPC 3686 1.2016.

Sameel K.S. v. Director (Sss)

Case brief

What is this about?

What did the court decide?

Sameel K.S. v. Director (Sss)

Case brief

What is this about?

What did the court decide?

What the court decided

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