Jagankumar K. v. State of Kerala and Others

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 ``` ## **`W.P.(C) NO.24129 OF 2023`** ## **`PETITIONER:`** ``` JAGANKUMAR K., AGED 19 YEARS, S/O.KRISHNAKUMAR N, PALAPPURAM THERUVU HOUSE, PALAPPURAM P O., OTTAPPALAM, SREERAMAKRISHNA NAGAR, PALAKKAD DISTRICT, PIN – 679 103 BY ADVS. ``` ``` DINESH MATHEW J.MURICKEN AHAMMAD SACHIN K. VINOD S. PILLAI MOHAMMED THAYIB N.M. NAYANA VARGHESE ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, STATUE JUNCTION, THIRUVANANTHAPURAM GENERAL P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 001 2THE CHAIRMAN, DIRECTORATE OF GENERAL EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM GENERAL P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 001 3THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM GENERAL P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 001 4THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, EAST OTTAPALAM, OTTAPALAM.P.O., PALAKKAD DISTRICT, PIN – 679 102 ``` ``` GOVERNMENT PLEADER, SRI.V.K SUNIL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ``` ``` THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 _W.P.(C)No. 24129 of 2023_ ## JUDGMENT **==> picture [117 x 13] intentionally omitted <==** The petitioner, while studying in the 11[th] grade during the academic year 2020-2021, appeared in the 1[st] year Higher Secondary Examination in the year 2021. He scored 24 marks in Physics, 19 marks in Chemistry, and 20 marks in Mathematics in the Terminal Evaluation (T.E). In the 12[th] grade, he appeared in the 2[nd] year examination in 20212022. The petitioner scored 10 marks in Physics, 4 marks in Chemistry, and 9 marks in Mathematics in the Terminal Evaluation (T.E). To be eligible for higher studies based on the result of the Higher Secondary Examination, a candidate has to obtain at least a D+ grade in all subjects. The petitioner, despite his efforts, got only D grades in Physics, Chemistry, and Mathematics. The petitioner, therefore, appeared in the improvement/supplementary examination for the 11[th] and 12[th] grades. According to the petitioner, as per Ext.P2, Clause No.4, candidates coming under the category of Compartmental candidates is eligible to 3 _W.P.(C)No. 24129 of 2023_ register either for the 1[st] year or for the 2[nd] year papers of the subjects for which they failed to attain D+ or above grade, and they can also register for both years simultaneously. In Clause 4, it is stated that: _“In the case of Compartmental candidate registering for the 1[st] year’s papers only, the best scores obtained by the candidate for those papers at the previous 2[nd] year examinations shall be carried forward and vice versa”._ 2. The petitioner, while attending the 1[st] year Higher Secondary Improvement Examination, obtained; 22 marks in Physics, 5 marks in Chemistry, and 30 marks in Mathematics. In the 2[nd] year improvement examination, he scored 13 marks in Physics, 20 marks in Chemistry, and 11 marks in Mathematics. When results were published, the marks obtained by the petitioner in the improvement examination were taken, disregarding the provision to carry forward the best grades obtained from previous examinations. 3. The petitioner also submits that he appeared for the Kerala Medical and Engineering Examinations (KEAM) and qualified for 4 _W.P.(C)No. 24129 of 2023_ engineering and is awaiting the allotment process. Because of not getting the best scores of the petitioner in both the 11[th] and 12[th] grades, he is precluded from obtaining admission to higher studies. Therefore, he has filed this writ petition for the following prayers. _i. issue a writ of mandamus or any other appropriate writ or direction to 3rd respondent to declare the results of the petitioner combining the best score attained by the petitioner in the first year higher secondary examination held in 2021 and in the second year higher secondary examination held in 2023,_ _ii. issue a writ of mandamus or any other appropriate writ or direction to 3rd respondent to issue the mark list of the petitioner considering the best score attained by the petitioner,_ _iii. issue a writ of mandamus or any other appropriate writ or direction to 3rd respondent to allow the petitioner to retain their original mark secured in the first year higher secondary examination in the year 2021,_ _iv. issue a writ of mandamus or any other appropriate writ or direction to the 4[th] respondent to consider Exhibit PS representation submitted by the petitioner,_ _v. dispense with the production of English translation of vernacular documents, and_ _vi. grant such other reliefs which this Honourable Court may deem fit and proper in the circumstances of the case._ 5 ## _W.P.(C)No. 24129 of 2023_ 4. A statement has been filed by the 3[rd] respondent, stating that to qualify for higher studies, a Higher Secondary student of the science stream has to obtain 36 marks for a subject in aggregate for the 1[st] year and 2[nd] year examinations. As such, the marks taken together for Physics in the supplementary/improvement examination will come to (22+13), a total of 35 marks for Physics, (5+20), a total of 25 marks for Chemistry, and (30+11), a total of 41 marks for Mathematics. Therefore, the petitioner has only secured minimum marks for one subject, namely Mathematics, and therefore is not entitled to higher studies. The petitioner’s 11[th] standard regular examination was conducted in March 2021, and an improvement examination was conducted in January 2022, but the petitioner did not avail of that opportunity. The Examination Board conducted the 1[st] year Higher Secondary Improvement/Supplementary Examination in October 2022, and the petitioner registered himself as a Compartmental candidate. The examination conducted under Ext.P2 notification, so far as the petitioner 6 _W.P.(C)No. 24129 of 2023_ and other similar students are concerned, was not an improvement examination but a supplementary examination for students who were disqualified for higher studies in the previous years’ examinations. Ext.P2 states that in the case of a Compartmental candidate registering for the 1[st] year paper only, the best scores obtained by the candidate for those papers at the previous 2[nd] year’s examination should be carried forward and vice versa. If the candidate had registered for both the 1[st] year and 2[nd] year papers, the best score option is not available to him, and it can only be the final score obtained in the supplementary examinations. Ext.P2 has been clarified by Annexure-R3(a). The clarification in Ext.R3(a) is in tune with Ext.P2. Going by Ext.P2 and Annexure- R3(a), even if marks obtained in the 2[nd] year supplementary examinations were lower than those obtained in the previous year’s regular examination, the candidate is not eligible to retain the best score of the previous year’s regular examination. 7 ## _W.P.(C)No. 24129 of 2023_ 5. Ext.P2 is a notification issued by the Directorate of General Education, Higher Secondary, for the 1[st] -year Higher Secondary Improvement/Supplementary examination in October 2022. It is not in dispute that the petitioner has appeared as a Compartmental candidate. The candidates who have appeared earlier in Higher Secondary Examination and became ineligible for higher studies are allowed to write the examination under the category of Compartmental examination. The intention was to give the candidates a chance to improve their scores and to obtain a D+ grade or more so that they could join for higher studies. 6. As argued by the learned Government Pleader, Clause 4 in Ext.P2 only refers to those candidates who appear for the 1[st] year papers only, the best scores obtained by the candidates for those papers at the previous 2[nd] year examination shall be carried forward, and vice versa. The purpose of improvement/supplementary examination is to help the candidates with less score in the subjects to improve and to obtain 8 ## _W.P.(C)No. 24129 of 2023_ higher marks than in the regular examination. In Ext.P2, what is stated for the Compartmental candidates registering for the 1[st] year papers alone, the best courses available by the candidates for those papers at the previous 2[nd] year examination shall be carried forward and vice versa. It does not speak about a candidate who has appeared for both the 11[th] and 12[th] -grade supplementary examinations. Merely because a student has appeared in both the supplementary examinations, it cannot be said that the best course obtained by the candidate cannot be taken as the guidelines fully relate to persons who appear for the 1[st] year papers only. It is to be borne in mind that the intention is to help those candidates who could not achieve D+ grades in the regular examinations. So, in order to achieve the intention of the supplementary/improvement examination is to see that the candidates obtained higher grades, it is not logical that a person who appears for the 1[st] year examination alone will be entitled to the best course obtained by him and a person who has 9 ## _W.P.(C)No. 24129 of 2023_ appeared for improvement examination for the 1[st] year and 2[nd] year is not entitled to the best score is discriminatory and illogical. 7. The counsel for the petitioner relies on the judgment of the Apex Court in _Sukriti and others v. Central Board of Secondary Education and another_ in Writ Petition (C) No.1214 of 2021, whereby a condition incorporated by the CBSE as Clause No.28 was held to be arbitrary and irrational. In the above case, the issue was that, as per the CBSE Original Scheme, the better of the two marks obtained by the candidate was to be considered for the final declaration of results, but vide notification dated 17.06.2021, the Central Board of Secondary Education insert Clause No.28, whereby the policy was changed and as per the new Clause the marks scored in the later examination would be considered as final. The Apex Court held that the said Clause is manifest, arbitrary, and irrational as the CBSE could not justify the deviation from the original policy. Therefore, it was held that the better of the two marks obtained in the subject for the final declaration of results should be taken. Though 10 _W.P.(C)No. 24129 of 2023_ on facts, the case in hand and the case decided by the Apex Court are different, the logic that the better marks must be taken more so when it is a supplementary/improvement examination is applied to the facts of this case. Therefore, the petitioner, though appeared in the supplementary examinations both in the 11[th] and 12[th] grades, obtained different marks for the same subjects, the respondents ought to have taken the best marks he obtained in the regular examination as well as in the supplementary examination. Then only, the intention of conducting a supplementary/improvement examination can be brought to a logical conclusion. Hence, I am of the opinion that the petitioner is entitled to succeed in this writ petition and the 3[rd] respondent is directed to declare the result of the petitioner combining the best scores obtained by the petitioner in the 1[st] year secondary examinations both in regular and supplementary as well as the 2[nd] year higher secondary examinations both regular and supplementary. The 3[rd] respondent is 11 _W.P.(C)No. 24129 of 2023_ also directed to issue a mark list to the petitioner taking into consideration the best scores obtained by him in the examinations. The writ petition is allowed as indicated above. _Sd/-_ BASANT BALAJI, JUDGE ss 12 _W.P.(C)No. 24129 of 2023_ ## **`APPENDIX OF WP(C) 24129/2023`** ``` PETITIONER EXHIBITS: ``` ``` Exhibit P1 ``` ``` TRUE COPY OF THE MARK LIST ISSUED BY THE 3RD RESPONDENT DATE NIL ``` ``` Exhibit P2TRUE COPY OF THE NOTIFICATION NO.EX-II- 1/14200/HSE/2022 DATED 31.08.2022 WITH RESPECT TO THE FIRST YEAR HIGHER SECONDARY IMPROVEMENT EXAMINATION, OCTOBER 2022 ISSUED BY THE 3RD RESPONDENT ``` ``` Exhibit P3TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATE NIL ``` ``` Exhibit P4TRUE COPY OF THE COMBINED RESULT OF THE PETITIONER IN FIRST YEAR HIGHER SECONDARY IMPROVEMENT EXAMINATION AND SECOND YEAR HIGHER SECONDARY EXAMINATION, MARCH 2023 DOWNLOADED FROM THE WEBSITE DATE NIL ``` ``` Exhibit P5TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATE NIL ``` ``` RESPONDENT ANNEXURES: ``` ``` ANNEXURE R3(a)True Copy of the Circular No.EX- II/14200/HSE/2022 dated 24/09/2022. ``` ``` PETITIONER EXHIBITS ``` ``` Exhibit P6TRUE COPY OF THE RESULT OF THE PETITIONER IN KERALA MEDICAL AND ENGINEERING EXAMINATION (KEAM) DOWNLOADED FROM THE WEBSITE ```