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High Court of KeralaSingle JudgeDisposed of with directions (grant of one mark ...

Sakeer Ali T.E. v. Commissioner of Examinations, Government of Kerala & Others (WP(C) Nos. 20866 of 2024) and Princy K Francis & Others v. Commissioner of Examinations, Government of Kerala & Others (WP(C) Nos. 17678 of 2024)

Case / Petition Number:WP(C) Nos. 20866 of 2024; WP(C) Nos. 17678 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • ZiYAD RAHMAN A.A.
Judgment Date
2024-06-11
Court Decision / Holding
The petitions are disposed of with directions: the 1st respondent is directed to grant one mark to the petitioners for Question No.63 if their answer is 'Safety pin' (Serial No.2) in the K-TET examination held on 30.05.2023 and to issue certificates reflecting that the petitioners have passed the K-TET examination, as applicable.
Final Disposition
Disposed of with directions (grant of one mark for Safety pin for Question 63 and issuance of pass certificates as applicable)

Parties to the Case

Appellants / Petitioners

  • Sakeer Ali T.E.
  • Princy K Francis
  • Aswathy A
  • Sruthi P.K
  • Sameera K.M
  • Ajeena Asainar
  • Fayiza C.P
  • Gayathri K
  • Harsha K
  • Vyshnav K

Respondents

  • Commissioner of Examinations, Government of Kerala, Office of the Commissioner for Government Examinations, Poojapura, Thiruvananthapuram
  • Secretary, Office of the Commissioner for Government Examinations, Poojapura, Thiruvananthapuram
  • State of Kerala represented by its Secretary, General Education Department, Secretariat, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • J. Julian Xavier
  • • Firoz K. Robin Jose
  • • V. V. (Thengathara)
  • • Roy Joseph
  • • Anies Mathew
  • • Nirmal Kurien Eapen
  • • Thasniem Badarudeen
  • • Chisteena Augustine
  • • Thomas P.B.

Counsels for Respondents

  • • Nisha Bose, GP
  • • Sarojini K.G., GP

Case Synopsis & Summary

The judgment concerns a challenge by candidates who claimed they should receive marks for Question 63 in the Kerala TET (K-TET) examination held in March 2023. The petitioners contended that the question “A tool which is not commonly found in a First Aid Kit?” had a plausible alternative answer: ‘Safety pin’ (Serial No.2) even though the official key marked ‘Stethoscope’ (Serial No.3) as correct. The petitioners argued that Ext.P1 notification and Ext.P10 (a Division Bench order in W.A. No. 539/2024) acknowledged that candidates, who answered in line with a permissible alternative, should be given the marks. The court observed that since the petitioners had provided the same answer as in the extant case (Safety pin), they are entitled to one mark for Question 63 if their response matches the second option. The judge directed the 1st respondent to grant one mark to petitioners who answered ‘Safety pin’ for Question 63 and to issue certificates reflecting pass, disposing of the petitions with directions. The decision reflects a consistency with a prior Division Bench ruling and ensures fairness in granting marks where a reasonable alternative answer exists.

Provisions of Law Cited

Clause 17 of Ext.P1 notification no EX/CGL(2)/2525/2023/CGE dated 21.03.2023Kerala Motor Vehicles Rules, 1989

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the denial of marks for Question 63 in the K-TET examination is arbitrary since their answer 'Safety pin' (Serial No.2) is a plausible alternative to the key answer 'Stethoscope' (Serial No.3). Relying on Ext.P10 (W.A. No.539/2024) which directed a one-mark grant for the same question when the candidate answered in line with the alternate option, they urge the court to mandamus the 2nd respondent to cancel the disputed question or to grant the requisite marks and issue pass certificates.

Contentions of Respondents

The respondents contend that the official answer key (Stethoscope) is correct and that there is no basis to alter marks post-examination. They rely on the notification Ext.P1 and general guidelines governing valuation and the answer key. They seek dismissal of the petitions to maintain the integrity of the examination process and the objective evaluation criteria.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Writ Appeal No.539/2024W.A. No.539/2024PositiveExt.P10 judgment, a Division Bench decision, held that a candidate replying with the alternate permissible answer (Safety pin) deserved one mark for Question 63; the present court followed that reasoning for similarly situated petitioners.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **TUESDAY, THE 11[TH] DAY OF JUNE 2024 / 21ST JYAISHTA, 1946** **WP(C) NO. 20866 OF 2024** ## **PETITIONER/S:** **SAKEER ALI T.E,AGED 30 YEARS S/O, ALAVIKKUTTY T.E, THOOMBATH EDAPPANATTU, OTHUKKUNGAL, MALAPPURAM, PIN - 676582** **BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN JOSE. V.V. (THENGATHARA) ROY JOSEPH ANIES MATHEW NIRMAL KURIEN EAPEN THASNIEEM BADARUDEEN CHRISTEENA AUGUSTINE THOMAS P.B.** ## **RESPONDENT/S:** **1 COMMISSIONER OF EXAMINATIONS GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012** - **2 SECRETARY OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012** **3 STATE OF KERALA REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695033** **ADV NISHA BOSE - GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2024, ALONG WITH WP(C).17678/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.C Nos. 17678 and 20866 of 2024 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **TUESDAY, THE 11[TH] DAY OF JUNE 2024 / 21ST JYAISHTA, 1946** **WP(C) NO. 17678 OF 2024** ## **PETITIONER/S:** |**1**|**PRINCY K FRANCIS**| |---|---| ||**AGED 33 YEARS**| ||**D/O FRANCIS THOMAS, KOCHUKARIPAPPARAMBIL,**| ||**KORUTHODU, PALLIPPADY, ERUMELI NORTH, KOTTAYAM,**| ||**PIN - 686513**| |**2**|**ASWATHY A**| ||**AGED 34 YEARS**| ||**D/O AJITHKUMAR UNNITHAN, ASWATHY BHAVAN,**| ||**VILANGARA, CHEPRA PO, UMMANNOOR, KOLLAM, PIN -**| ||**691520**| |**3**|**SRUTHI P.K**| ||**AGED 35 YEARS**| ||**W/O SANIL P.T, PRASEENA NIVAS, KAPPIL P.O,**| ||**WANDOOR, MALAPPURAM, PIN - 679328**| |**4**|**SAMEERA K.M**| ||**AGED 31 YEARS**| ||**D/O SULAIMAN K.M, KUNNIMARAKKARAKATH (H),**| ||**KADAVANAD, PONNANI, MALAPPURAM, PIN - 679586**| |**5**|**AJEENA ASAINAR**| ||**AGED 32 YEARS**| ||**D/O ASAINAR M.M, MANGALAPARA, MANNANKALA, ADIMALY,**| ||**IDUKKI, PIN - 685561**| |**6**|**FAYIZA C.P**| ||**AGED 32 YEARS**| ||**D/O ABDUL RAHMAN A, C P HOUSE, PULIMPARAMBA, NEAR**| W.P.C Nos. 17678 and 20866 of 2024 3 **FOREST OFFICE, THALIPARAMBA P.O, KANNUR, PIN - 670141** **7 GAYATHRI K AGED 24 YEARS D/O RAVIKUMAR P, KARIKAD, ELAYOOR, KAVANOOR, MALAPPURAM, PIN - 673639** - **8 HARSHA K AGED 31 YEARS D/O BALAN K, KANNOOTTIPPARA, PALAPPUZHA, KAKKAYANGAD PO, MUZHAKKUNNU, KANNUR, PIN - 670703** **9 VYSHNAV K AGED 30 YEARS S/O KAILASAN, AKASH NIVAS, OLAVILAM P.O, KANNUR, PIN - 673313** **BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN JOSE. V.V. (THENGATHARA) ROY JOSEPH ANIES MATHEW CHRISTEENA AUGUSTINE** ## **RESPONDENT/S:** - **1 COMMISSIONER OF EXAMINATIONS GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012** - **2 SECRETARY OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012** - **3 STATE OF KERALA REP. BY ITS SECRETARY, GENERAL EDUCATION** W.P.C Nos. 17678 and 20866 of 2024 4 **DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695033** **OTHER PRESENT:** ## **ADV SAROJINI K G -GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2024, ALONG WITH WP(C).20866/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.C Nos. 17678 and 20866 of 2024 5 ## **JUDGMENT** The petitioners in these cases have approached this Court being aggrieved by the denial of marks to question No.63 in the question paper for the examination for K-TET conducted by the 1[st] respondent in March 2023. The relevant question was as follows: “ A tool which is not commonly found in a First Aid Kit”. In all these cases the petitioners have answered the same as 'Safety pin', whereas as per the answer key it was 'Stethoscope', the serial No.3. Despite the fact that the answer given by the petitioners was also a possible answer, the marks for the same were denied to the petitioners. ## 2. The writ petition was submitted in such circumstances seeking the following reliefs. - “i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to cancel the question ‘A tool which is not commonly found in a First Aid Kit?’ that was asked in the K-TET Examination Category – I, that was held on 30.05.2023 in all the 4 sets of question papers viz. Set-A, Set-B, Set-C and Set-D, pursuant to Ext.P1 notification by invoking clause 17 of Ext.P1 notification. - ii. Direct the 1st respondent to grant 1 mark to the petitioner herein for the K-TET Examination that was held on W.P.C Nos. 17678 and 20866 of 2024 6 30.05.2023 in case he has written the answer as ‘safety pin’ to the question ‘A tool which is not commonly found in a First Aid Kit?’ and issue certificates stating that petitioner has passed K-TET Examination conducted by the respondents 1 and 2. - iii. To grant such other reliefs that may be deemed just and proper by this Hon’ble Court. - iv. To award cost of these proceedings. - v. To dispense with the filing of translation of vernacular document.” 3. The learned counsel for the petitioners, brought the attention of this Court to Ext.P10 judgment passed by a Division Bench of this Court in Writ Appeal No.539/2024 wherein, the same question was considered. In Ext.P10 judgment it was observed after taking note of the expert opinion and the Kerala Motor Vehicle Rules that, the petitioner therein was entitled to one mark for question No.63 for giving the answer mentioned in Serial No.2 of the choices ie. Safety pin. In such circumstances, as the petitioners being similarly situated persons, are also entitled for the said benefits. As there is no dispute that, the petitioners have answered the question No.63, by giving the answer as Safety pin, I am of the view that the petitioners are entitled to get one mark for the said question. The 1[st] respondent is therefore directed to W.P.C Nos. 17678 and 20866 of 2024 7 grant one mark to the petitioners for question No.63, if the answer given by the petitioners is 'Safety' pin, which is the serial No.2 in the choices given to the petitioners. With the above direction, these writ petitions are disposed of. Sd/- **ZIYAD RAHMAN A.A. JUDGE** rpk W.P.C Nos. 17678 and 20866 of 2024 8 ## **APPENDIX OF WP(C) 17678/2024** ## **PETITIONER EXHIBITS** - **Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION NO. EX/CGL(2)/2525/2023/CGE DATED 21.03.2023 ISSUED BY THE 2ND RESPONDENT** - **Exhibit P2 TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 1ST PETITIONER VIZ. PRINCY K FRANCIS, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (a) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 2ND PETITIONER VIZ. ASWATHY A, THE ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (b) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 3RD PETITIONER VIZ. SRUTHY P.K, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (c) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 4TH PETITIONER VIZ. SAMEERA K.M, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (d) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 5TH PETITIONER VIZ. AJEENA ASAINAR, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (e) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 6TH PETITIONER VIZ. FAYIZA C.P, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (f) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 7TH PETITIONER VIZ. GAYATHRI K, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (g) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 8TH PETITIONER VIZ.** W.P.C Nos. 17678 and 20866 of 2024 9 - **HARSHA K, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (h) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 9TH PETITIONER VIZ. VYSHNAV K, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER TAKEN FROM SET-C OF CATEGORY-I PART-I OF K-TET EXAMINATION** - **Exhibit P4** - **TRUE COPY OF THE RELEVANT PAGES OF KERALA MOTOR VEHICLES RULE, 1989** - **Exhibit P5** - **TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. A.K NAJEEB, LLB. M.TECH., MIE (PEN:134785), MOTOR VEHICLE INSPECTOR (HG), SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, PATHANAMTHITTA** - **Exhibit P6 COPY OF THE CERTIFICATE ISSUED BY SRI. ISSAC THOMAS, MOTOR VEHICLES INSPECTOR, SUB RTO OFFICE, THODUPUZHA, PEN: 135581** - **Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. MOHANAN, JOINT REGIONAL TRANSPORT OFFICER, OTTAPALAM** - **Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY RIYAS M.P, PEN: 331008, MOTOR VEHICLES INSPECTOR, RTO (ENFORCEMENT KANNUR)** - **Exhibit P9** - **TRUE COPY OF THE CERTIFICATE ISSUED BY ADARSH S.R, ASSISTANT MOTOR VEHICLES INSPECTOR, RTO VADAKARA, ID NO.4091** **Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 19.03.2024 IN W.A NO.414/2024** W.P.C Nos. 17678 and 20866 of 2024 10 ## **APPENDIX OF WP(C) 20866/2024** ## **PETITIONER EXHIBITS** **Exhibit P1** **TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION NO. EX/CGL(2)/2525/2023/CGE DATED 21.03.2023 ISSUED BY THE 2ND RESPONDENT** - **Exhibit P2 TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT** - **Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER (QUESTION NO.63) TAKEN FROM SET-C OF CATEGORY-I PART-I OF K-TET EXAMINATION** - **Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF KERALA MOTOR VEHICLES RULE, 1989** - **Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. A.K NAJEEB, LLB. M.TECH., MIE (PEN:134785), MOTOR VEHICLE INSPECTOR (HG), SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, PATHANAMTHITTA** - **Exhibit P6 COPY OF THE CERTIFICATE ISSUED BY SRI. ISSAC THOMAS, MOTOR VEHICLES INSPECTOR, SUB RTO OFFICE, THODUPUZHA, PEN: 135581** - **Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. MOHANAN, JOINT REGIONAL TRANSPORT OFFICER, OTTAPALAM** - **Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY RIYAS M.P, PEN: 331008, MOTOR VEHICLES INSPECTOR, RTO (ENFORCEMENT KANNUR)** - **Exhibit P9 TRUE COPY OF THE CERTIFICATE ISSUED BY ADARSH S.R, ASSISTANT MOTOR VEHICLES** W.P.C Nos. 17678 and 20866 of 2024 11 **INSPECTOR, RTO VADAKARA, ID NO.4091** **Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.05.2024 IN W.A NO.539/2024**