Nakshatra Bind A.K v. The State of Kerala and Others

**WP(C) NO. 17597 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 7[TH] DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943** ## **WP(C) NO. 17597 OF 2021** ## **PETITIONER/S:** **1 NAKSHATRA BIND A.K, AGED 15 YEARS D/O. BINDOSH R.V, RAMVIHAR HOUSE, NANMINDA P.O, KOZHIKODE DISTRICT, PIN-673 613, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN MRS. DHANYA T, AGED 41, W/O. BINDOSH R.V.** **2 DHANYA T, AGED 41 YEARS W/O. BINDOSH R.V, RAMVIHAR HOUSE, NANMINDA P.O, KOZHIKODE DISTRICT, PIN-673 613** **BY ADVS. SAJI MATHEW DENU JOSEPH BIBIN BABU** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001** - **2 THE DIRECTOR OF GENERAL EDUCATION, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, PIN-695 001** **3 THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, KUTTICHIRA PARAPPIL, KOZHIKODE-673 003** **SRI BIJOY CHANDRAN, SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 17597 OF 2021** **2** ## **JUDGMENT** The 1st petitioner, a 15-year-old minor child, represented by her mother, has approached this Court seeking directions to enable her to apply for admission to the Higher Secondary course through the Online Single Window Portal. 2. Short facts are as under:- The mother of the petitioner was working in a Nationalized Bank in Chennai, Tamil Nadu and the petitioner was pursuing her studies in the Everwin Matric Higher Secondary School in the city. She completed her X Standard examination during the last academic year, 2020-2021. To curtail the deadly spread of the COVID-19 pandemic and to safeguard the health of the citizens of the State, the Government of Tamil Nadu took an informed decision to abandon the X standard exams. The State issued pass certificates to all the children to enable them to pursue higher studies. Little did the unsuspecting child know then that her desire to pursue higher studies would be tested by this decision of the Government. **WP(C) NO. 17597 OF 2021** **3** 3. Ext.P1 is the pass certificate issued to the child which reveals that the child has passed in all the subjects. 4. The petitioner contends that her parents decided to shift their residence to Kozhikode in the State of Kerala. She wanted to pursue her Plus One course in the State. Admission to Plus One courses in Higher Secondary Schools in the State of Kerala is being conducted through the Single Window system. The petitioner also registered herself in the Single Window system and Ext.P2 is the printout of the registration details. The petitioner was unable to proceed with the registration, as the portal requires the student to fill up the grades/marks obtained by the student. The petitioner states that the last date for submission of online application is 3.9.2021, which was later extended till 5 pm on 8.9.2021. 5. The petitioner states that she scanned the provisional certificate issued by the State Board of School Examinations, Tamil Nadu but since no marks or grade has been awarded by the State of Tamil Nadu to the students who passed out in the year 2021, she is not in a position to proceed with the filling up of the online application. In the said circumstances, the petitioner is stated to have submitted Exts.P6 to P8 representations before respondents 1 and 2. However, no action has been taken. According to the petitioner, she has secured exemplary scores in all the examinations till the X standard and **WP(C) NO. 17597 OF 2021** **4** according to her, she had scored more than 96% marks in the last midterm test conducted by the school authorities. Reliance is placed on Ext.P9 mark list to show that the petitioner is an exceptional student who has obtained more than 96% marks in all subjects and has secured 98% for Science, Social and English. Exts.P10 and P11 are the certificates issued to the petitioner by the school for extracurricular activities. The petitioner states that even for obtaining a management seat in the aided Higher Secondary Schools in the State of Kerala, applications are to be submitted through the online portal. However, due to the flaw in the software used for the purpose by the State, she is not in a position to submit her application. The petitioner intends to apply in the Ramakrishna Mission HSS, Kozhikode and other Higher Secondary Schools in Kozhikode District which are having Humanities Group and Part-III subjects, which are History, Economics, Sociology and Political Science. The petitioner managed to obtain Ext.P12 application for admission from the Ramakrishna Mission HSS, Kozhikode in the management quota seat. However, even in the said application, the marks/grades are required to be entered into. The school authorities have informed the petitioner that the last date for submission of the completed application is 5.9.2021. 6. The petitioner states that it would be a great travesty of justice if the petitioner is made to suffer due to a policy decision taken by the State Government. It is further contended that the right to education is implicit in the right to life and according to the learned counsel, the Constitution (86th **WP(C) NO. 17597 OF 2021** **5** amendment) has elevated the right to free and compulsory education for all children in the age group 6-14 years as a fundamental right. By executive instructions, the right of the student to pursue her education cannot be curtailed. It is on these contentions that this writ petition is filed seeking the following reliefs: - i) Issue a writ of mandamus or such other appropriate writ order or direction directing the 1st and 2nd respondents to permit the 1st petitioner to submit the online application for Higher Secondary Admission (Plus 1 course) in the online single window portal submitting the exhibit P1 certificate and without mentioning any marks/grades. - ii) Issue a writ of mandamus or such other appropriate writ order or direction directing the 1st and 2nd respondents to evolve suitable criteria for inclusion of the 1st petitioner who passed the Secondary education from the State Board of School Examinations, Tamil Nadu in the Higher Secondary Admission process in the State of Kerala for the academic year 2021-2022 including admission in the seats for plus 1 course under management quota in Aided Schools. - iii Declare that the 1st petitioner who passed the Xth Standard from the State Board of School Examinations, Tamilnadu is entitled to be considered in the Higher Secondary Admission process in the State of Kerala for the academic year 20212022 including admission in the seats for plus 1 course under management quota in Aided Schools. 7. A statement has been filed for and on behalf of the 2nd respondent. It is stated that admission to Plus One course in Higher Secondary Schools is conducted through Single Window System for the last **WP(C) NO. 17597 OF 2021** **6** 13 years and this has enabled the State to keep the admission process simple and transparent and ensure social justice. As per paragraph No. 1 of this year’s prospectus, students who had passed X standard examination, SSLC (Kerala), CBSE, ICSE or THSLC or equivalent examination from other States or countries can apply for admission. The candidate should have got eligibility for higher studies by scoring a minimum of D+ grade or equivalent percentage of marks for each paper. The Weighted Grade Point Average (WGPA) is the criteria adopted for preparing the rank list for the admission process. In Ext.P1 provisional certificate issued to the petitioner by the State Board of School Examinations, Tamil Nadu, grades and marks have not been indicated. A rank list cannot be generated for students who have not been granted grades/marks by the examining body as marks are required for calculating the WGPA. According to the 2nd respondent, while taking a decision to cancel X standard examination, the Board of Education, Tamil Nadu ought to have given instructions to provide marks/grades in the certificate of students for getting admission to higher studies. It is further stated that the Higher Secondary Admission software was developed by the National Informatics Centre (NIC) and it would not be possible to accept the application of students like the petitioner as it is too late to tweak the software. It may lead to a delay in finalizing the admission procedure. It is further stated that students who passed X standard from the State of Tamil Nadu can be considered in the supplementary allotment phase if they are **WP(C) NO. 17597 OF 2021** **7** able to produce the X standard certificate with marks/grade when the application for the same is called for. Permitting the students to apply without authenticity on marks/grades would affect the entire process and will cause prejudice to other students. 8. I have heard the submissions of Sri. Saji Mathew, the learned counsel appearing for the petitioner and Sri. Bijoy Chandran, the learned Senior Government pleader. 9. After completing her Secondary Education in the State of Tamil Nadu, the petitioner had to return to the State of Kerala to pursue her education due to reasons related to the employment of her parent. The Pandemic played spoilsport and the State of Tamil Nadu had to cancel the exams. The petitioner was not able to prove her mettle in the X Standard exams for no fault of hers. The exams were cancelled by the State and provisional pass certificates have been issued to all students. This is clearly a fall out of the pandemic and has nothing to do with the petitioner or her parents. After reaching the state of Kerala she is facing another embargo. The educational authorities are demanding that the child should approach the Educational Authorities in the State of Tamil Nadu and obtain grades/ marks if she wants to pursue her education in the State of Kerala. The Child states that it is a virtual impossibility. The State of Kerala cannot be entirely faulted. They have a good system in place which would enable them to provide **WP(C) NO. 17597 OF 2021** **8** admission to students in the school of their choice, transparently and in accordance with their merit. If the pandemic had not struck, the petitioner would have been able to write her exams and present her marks. 10. In **Mohini Jain (Miss) v. State of Karnataka** [(1992) 3 SCC 666] the Apex Court had held that the “Right to life” is the compendious expression for all those rights which the courts must enforce because they are basic to the dignified enjoyment of life. It extends to the full range of conduct which the individual is free to pursue. The right to education flows directly from the right to life. The right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The fundamental rights guaranteed under Part III of the Constitution of India including the right to freedom of speech and expression and other rights under Article 19 cannot be appreciated and fully enjoyed unless a citizen is educated and is conscious of his individualistic dignity. In **Unni Krishnan V State of Andhra Pradesh and Ors** [(1993) 1 SCC 645], it was held that the observation in Mohini Jain that the State Government is under an obligation to make an endeavour to provide educational facilities at all levels to its citizens has been somewhat broadly stated and must be confined to what is envisaged under Article 45 of the Constitution. It was as per the Constitution (Eighty-sixth Amendment) Act, 2002, that the Right to Education was elevated to the Status of a fundamental right. As per Article 21 **WP(C) NO. 17597 OF 2021** **9** A, the State is constitutionally obligated to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. That does not mean that merely because the petitioner has crossed the age of 14 years, her right to have access to schools to pursue her continued education can be denied in this fashion. 11. From Exhibit R2(a) prospectus it appears that the qualification criteria prescribed for students who had passed out from other boards are that they should have secured the minimum marks required for a pass. Exhibit P1 produced by the petitioner reveals that the petitioner has secured the minimum marks required for a pass. In that view of the matter, the petitioner shall be deemed to have secured D+ grade in the exams. 12. Having considered the entire facts and circumstances, the following directions are issued. - (a) The 1st petitioner shall approach the 3rd respondent who shall furnish details of the schools conducting Plus One course in Humanities Group and having Part-III subjects, which are History, Economics, Sociology and Political Science. - (b) Respondents 2 and 3 shall permit the 1st petitioner to submit the application for admission to the Plus One Course in such schools and necessary directions shall be issued to the School Authorities to accept such application. **WP(C) NO. 17597 OF 2021** **10** - (c) If the application cannot be accepted online through the portal due to reasons, technical in nature, the 2nd respondent shall permit the 1st petitioner to submit the application for admission physically. - (d) The 1st petitioner shall be deemed to have passed the Exams by securing D+ Grade for the purpose of merit-based and management seat admissions and no other special privilege need to be granted. It is made clear that the rights of the petitioner to approach the Authorities in the State of Tamil Nadu and pursue remedies to obtain better grades in X Standard Exams will stand reserved. Sd/- ## **RAJA VIJAYARAGHAVAN V** ## **JUDGE** **WP(C) NO. 17597 OF 2021** **11** ## **APPENDIX OF WP(C) 17597/2021** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE STATE BOARD OF SCHOOL EXAMINATIONS, TAMIL NADU TO THE 1ST PETITIONER DATED 26.07.2021.** **Exhibit P2 TRUE COPY OF THE PRINTOUT OF THE APPLICATION NO. 211016406 DATED NIL OF THE 1ST PETITIONER SHOWING THE REGISTRATION NUMBER AND PERSONAL DETAILS PART, TAKEN FROM THE WEBSITE HSCAP.KERALA.GOV.IN (HSCAP-SCHOOL SITE). Exhibit P3 TRUE COPY OF THE PRINT OUT OF THE FORMAT OF THE APPLICATION FORM DATED NIL FOR ADMISSION TO THE HIGHER SECONDARY COURSE (MERIT QUOTA) (2021-2022) GIVEN AS ANNEXURE 8 IN THE WEBSITE. Exhibit P4 TRUE COPY OF THE PRINTOUT OF THE RELEVANT PAGE, PAGE NO. 32 FROM THE SINGLE WINDOW MANUAL 2021-2022 PUBLISHED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE PRINT OUT OF THE RELEVANT PAGE, AGE NO. 33 FROM THE SINGLE WINDOW MANUAL 2021-2022 PUBLISHED BY THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE REPRESENTATION EMAILED BY THE 1ST PETITIONER TO THE HON'BLE EDUCATION MINISTER OF KERALA 0N 25.08.2021. Exhibit P7 TRUE COPY OF THE REPRESENTATION BY EMAIL DATED 27.08.2021 SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE REPRESENTATION EMAIL DATED 27.08.2021 SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF THE MARK LIST OF 2ND MIDTERM TEST IN CLASS 10 ISSUED BY EVERWIN METRIC** **WP(C) NO. 17597 OF 2021** **12** **HIGHER SECONDARY SCHOOL, KOLATHUR, CHENNAI-600 099 IN FAVOUR OF 1ST PETITIONER.** **Exhibit P10 TRUE COPY OF THE CERTIFICATE OF EXCELLENCE AWARDED BY THE EVERWIN METRIC HIGHER SECONDARY SCHOOL, KOLATHUR, CHENNAI-600 099 SCHOOL ON 30.12.2020 TO THE 1ST PETITIONER.** **Exhibit P11 TRUE COPY OF THE CERTIFICATE DATED 12.01.2021 ISSUED BY THE EVERWIN METRIC HIGHER SECONDARY SCHOOL, KOLATHUR, CHENNAI-600 099 'SUPER STUDENT' FOR THE PERFORMANCE IN " ESOTERIC" TO THE 1ST PETITIONER.** **Exhibit P12 TRUE COPY OF THE APPLICATION FORM DATED 27.08.2021 FOR ADMISSION TO HIGHER SECONDARY COURSE ISSUED TO THE 1ST PETITIONER BY RAMAKRISHNA MISSION HSS KOZHIKODE.** **Exhibit P13 TRUE COPY OF THE ARTICLE IN PAGE NO.3 OF MATHRUBHUMI DAILY, CHENNAI EDITION DATED 28.08.2021 REGARDING THE DIFFICULTIES FACED BY THE STUDENTS PASSED OUT FROM TAMIL NADU IN SUBMITTING APPLICATION FOR PLUS ONE ADMISSION THROUGH SINGLE WINDOW ADMISSION PROCESS.** ## **RESPONDENTS EXHIBITS:** **ANNEXURE R2(a) A COPY OF THE PROSPECTUS 2021-22 SINGLE WINDOW SYSTEM FOR ADMISSION TO PLUS ONE COURSE**