# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
# **`PRESENT`**
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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944
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## **`WP(C) NO. 4962 OF 2023`**
## **`PETITIONER:`**
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ANGEL THOMAS
AGED 25 YEARS, W/O ARUN JOY,
ADUKUZHY (H), KOTHAMANGALAM P.O,
ERNAKULAM, PIN - 686691
BY ADVS.
J.JULIAN XAVIER
FIROZ K.ROBIN
ROY JOSEPH
ANIES MATHEW
ANJANA RAM
NIRMAL KURIEN EAPEN
```
## **`RESPONDENTS:`**
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1COMMISSIONER OF EXAMINATIONS
GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER
FOR GOVERNMENT EXAMINATIONS, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695012
2STATE OF KERALA
REP. BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.SMT. SURYA BINOY SR.GP
ADVOCATE GENERAL OFFICE KERALA
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No.4962/2023
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## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.4962 of 2023**
## **---------------------------------------------Dated this the 28[th ] day of February, 2023**
## **JUDGMENT**
This writ petition is filed with following prayers:
- i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1[st] respondent to grant one mark for question no.70 in Ext.P5 question paper to the petitioner.
- ii. To declare that the question no.70 in Ext.P5 is incorrect question and answer, and that the above question has to be declared as incorrect and award one mark to all the candidates who participated in the K-TET exam which was conducted by the 1[st] respondent as per Ext.P2 notification dated 18.10.2022.
- iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1[st] respondent to issue a certificate stating that petitioner has passed K-TET Examination held on 03.12.2022.
- iv. To grant such other reliefs that may be deemed just and proper by this Hon'ble Court.
- v. To award cost of these proceedings.
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vi. To dispense with the filing of translation of vernacular document. (SIC)
2. Petitioner applied for Kerala Teacher Eligibility Test (K-TET) which was conducted by the 1[st] respondent as per Ext.P2 and she participated in the exam on 03.12.2022. The result of the examination as per Ext.P3 admit card was published by the 1[st] respondent on 01.02.2023. The petitioner only fetched 89 marks out of 150, and therefore, in the light of minimum mark fixed as 90, the petitioner was not qualified for the K-TET examination. It is the submission of the petitioner that one of the questions in the question paper which is serial No.70 is an incorrect question as well as the answers given therein are also incorrect. According to the petitioner, the above fact is discernible from the publication made by the Government of Kerala which was updated lastly on 31.01.2023. The petitioner submitted her objection against question No.70 before the 1[st] respondent. As per Ext.P7 guidelines, the last date to submit the objection was 24.12.2022. Since there is no provision for revaluation or scrutiny, the 1[st] respondent is duty bound to give one mark
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each to all the applicants in cases were questions are incorrect / answers are incorrect. If petitioner fetches one mark more, she will be entitled to get pass mark in the examination is the submission. It is submitted by the petitioner that the issue in the case is whether question No.70 in Ext.P5 of SET - C with booklet Serial No.118747 with Roll No. 521747 is correct or not. As per Ext.P6 information received from the web site of the Government of Kerala, it is submitted that the answer given to Question No.70 is incorrect and the correct date is 1994 April 23. Therefore in the light of clause 17 of Ext.P2, the Question No.70 in Ext P5 question paper is liable to be avoided and all the applicants are entitled to get one mark for wrong question and wrong answer. It is specifically contended by the petitioner that the objection regarding the correctness of the question have to be submitted within five days after publishing the answer key. Ext.P8 is the objection submitted by the petitioner’s friend. The copy of objection submitted by the petitioner is not available and hence it is not produced is the submission. The grievance of the petitioner is that the same is not considered. Hence this writ petition.
3. Heard the learned counsel for the petitioner and
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the learned Government Pleader.
4. The counsel for the petitioner reiterated the contentions raised in the writ petition. The Government Pleader, on the other hand, submitted that the question was referred to the subject expert and they informed that the question and answer is correct.
5. This Court considered the contentions of the petitioner and the respondents. The short point to be decided is whether Question No.70 in Ext.P5 is correct or not. Question No.70 is given in English and Malayalam. It will be better to extract Question No.70 in Ext.P5:
രള രാജ് 70.Kerala Panchayati Raj Act 70.കേ പഞ്ചായത്തി നിയമവും കേ രള മുൻസിപ്പാലിറ്റി and Muncipality Act passed by രള നിയമസഭ നിയമവും കേ the Kerala Assembly in: പാസാക്കിയ വർഷം :
- (A)1994 ഏപ്രിൽ 24
(B)1993 ഏപ്രിൽ 24 (C)1992 ഏപ്രിൽ 20 (D)1993 ഏപ്രിൽ 20
(A) 1994 April 24 (B) 1993 April 24 (C) 1992 April 20 (D) 1993 April 20
6. The question raised in Malayalam is that the year
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on which the Kerala Legislative Assembly passed Kerala Panchayat Raj Act and the Kerala Municipality Act. Four Answers are given in which the date is also given. The same question is given in English language also. That question reads like this: “The Kerala Panchayat Raj Act and Municipality Act passed by the Kerala Assembly in.” In the English question, the year of passing the Acts is not specifically mentioned is the submission. The contention of the Government Pleader is that since ‘in’ is used in the last portion of the question, the year is intended. Whatever that may be, in the answer options given in Malayalam and English, the dates with year are mentioned. The date on which the Kerala Panchayat Raj Act and the Kerala Municipality Act were passed by the Kerala Legislative Assembly, is a question which can be answered without any expert opinion. This can be answered by even children with the help of “Google” in the internet. This Court asked the High Court Library to supply the details of the legislation dates of the above Acts and the High Court Library supplied a booklet issued by the Kerala Legislative Assembly, which reads like this: "കേ രളനിയമസഭനിയമനിർമാണത്തിന്റെ അമ്പത്വർഷം 1957-
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2007.” In this, the details regarding the passing of the Panchayat Raj Act is mentioned. It will be better to extract the relevant portion:
|ബിൽ സഭയിൽ അവതരിപിച<br>തീയതി|:|1994 മാർച16|
|---|---|---|
|ബിൽ അവതരിപിച മനി|:|ശീ സി.ടി. അഹമദലി<br>തദദശസ്യംഭരണ വകപമനി|
|ബിൽ<br>സ<br>ലക<br>കമിറിയട<br>പരിഗണനയഅയച തീയതി|:|1994 മാർച29|
|സ<br>ലക<br>കമിറി<br>റിപോർട<br>സഭയിൽ സമർപിച തീയതി|:|1994 ഏപിൽ 12|
|ബിൽ<br>പരിഗണനയകകടത<br>തീയതി|:|1994 ഏപിൽ 18|
|ബിൽ പാസാകിയ തീയതി|:|1994 ഏപിൽ 22|
|ഗവർണറട<br>അനമതി ലഭിച<br>തീയതി|:|1994 ഏപിൽ 23|
7. From this, it is clear that the Legislative Assembly passed the Act on 22.04.1994. In the option given to Question No.70, there is no such date. It is true that the year is mentioned in the answer options. But the dates mentioned in the answer options are incorrect. I think there is confusion regarding the question and the answer options. In such situation, whether a mark is to be given to all the participants
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of the exam is a matter to be considered by the Government. Therefore, according to me, in the light of the above discussion, the Government has to reconsider the matter regarding the correctness of question and answers in Question No.70 in Ext.P5.
Therefore, this writ petition is allowed in the following manner:
1. The 1[st] respondent is directed to reconsider the correctness of Question No.70 in Ext.P5 question paper and its answer, within one month from today.
2. If the 1[st] respondent decide that the question and answer is not framed properly, the 2[nd] respondent will take necessary steps to allot mark to the applicant and others in accordance to Ext.P2 guidelines.
JV
sd/- **P.V.KUNHIKRISHNAN JUDGE**
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## **`APPENDIX OF WP(C) 4962/2023`**
## `PETITIONER EXHIBITS`
- `Exhibit P1 TRUE COPY OF THE CERTIFICATE WITH REGISTER NO.1501939 IN DIPLOMA IN EDUCATION ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS KERALA`
- `Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION NO. EX/CGL(2)/39330/2022(CGE) DATED 18.10.2022`
- `Exhibit P3 TRUE COPY OF THE ADMIT CARD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER`
- `Exhibit P4 TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 IN THE NAME OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT`
- `Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF SET C WITH QUESTION PAPER BOOKLET SERIAL NO. 118747 WITH ROLL NO.521741 ISSUED BY THE 1ST RESPONDENT`
- `Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE INFORMATION RECEIVED FROM THE WEB SITE OF THE GOVT. OF KERALA, DEPARTMENT OF PANCHAYAT`
- `Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE NO. EX/A(5)/33000/2022/CGE DATED 16.12.2022 ISSUED BY THE 1ST RESPONDENT`
- `Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 20.12.2022 SUBMITTED BY ROLL NO.506975`
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RESPONDENT ANNEXURES
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Annexure R1(a)True copy of the explanatory note
submitted by the subject expert
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WP(C).No.4962/2023
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related to the complaints along with
the proof for the answer
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