Shehzad Ibrahim P.P. and Others v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **WEDNESDAY, THE 22ND DAY OF NOVEMBER 2017/1ST AGRAHAYANA, 1939** ## **WP(C).No. 30447 of 2017 (E)** **----------------------------** **PETITIONER(S): ------------------------** ## **1. SHEHZAD IBRAHIM.P.P.,** - **AGED 17 YEARS, S/O.IBRAHIM,(MINOR), REPRESENTED BY HIS GUARDIAN/MOTHER AND NEXT FRIEND MRS. SHAMSEERA.M, AGED 34 YEARS, W/O IBRAHIM.P.P, PALAKKAPARAMBIL HOUSE, IRINGAVOOR P.O, MALAPPURAM-676 103** **2. NUHA.P, AGED 17 YEARS, D/O MOHAMMED ALI PILASSERY,(MINOR), REPRESENTED BY HER GUARDIAN/MOTHER AND NEXT FRIEND** **MRS. SHAHINA P.P., AGED 36 YEARS, W/O MOHAMMED ALI PLASSERY, PILASSERY HOUSE, PORUR, TIRUR, MALAPPURAM-676 107** **3. ANZIL SHAHAM,** - **AGED 17 YEARS, S/O.BADARUDHEEN (MINOR), REPRESENTED BY HIS GUARDIAN/MOTHER AND NEXT FRIEND MRS. JAMSHEENA, AGED 35 YEARS, W/O BADARUDHEEN, CHERIYERIPEEDIYEKKAL HOUSE,** - **THEKKUMURI P.O, TIRUR, MALAPPURAM-676 101.** **4. MOHAMMED NADIL,** - **AGED 17 YEARS, S/O ABDUL NAZER, (MINOR) , REPRESENTED BY HIS GUARDIAN/MOTHER AND NEXT FRIEND KHADEEJA NAZER, AGED 35 YEARS, W/O ABDUL NAZER, NANNAT HOUSE, OMACHAPUZHA,** - **PERINCHERY P.O, MALAPPURAM-676 320.** **BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.MITHUN BABY JOHN SMT.AMRIN FATHIMA** **2/-** **-2-** ## **WP(C).No. 30447 of 2017 (E)** ## **RESPONDENT(S):** **---------------------------** **1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001** **2. STATE COUNCIL OF OPEN AND LIFE LONG EDUCATIONKERALA (SCOLE - KERALA), VIDHYABHAVAN, POOJAPPURA P.O, THIRUVANANTHAPURAM -695 012. REPRESENTED BY ITS EXECUTIVE DIRECTOR.** **3. STATE COUNCIL FOR OPEN AND LIFE LONG EDUCATION-KERALA (SCOLE-KERALA), REGIONAL CENTRE, CIVIL STATION COMPOUND, MALAPPURAM-676 505, REPRESENTED BY ITS REGIONAL DIRECTOR.** **4. THE STATE COUNCIL OF EDUCATIONAL RESEARCH & TRAINING (SCERT), KERALA, VIDHYABHAVAN, POOJAPPURA P.O,** **THIRUVANANTHAPURAM-695 012, REPRESENTED BY ITS DIRECTOR.** **5. PAREEKSHA BHAVAN,** - **OFFICE OF THE PAREEKSHA COMMISSIONER, THIRUVANANTHAPURAM-695 012, REPRESENTED BY ITS SECRETARY.** **6. COUNCIL OF BOARDS OF SCHOOL EDUCATION IN INDIA., 6H BIGJO'S TOWER, A-8, NETAJI SUBHASH PLACE, RING ROAD, DELHI-110 034, REPRESENTED BY ITS SECRETARY.** ***ADDL.R7 IMPLEADED** ***ADDL.R7: THE EXAMINATION COMMISSIONER, OFFICE OF THE EXAMINATION COMMISSIONER, PAREEKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM-12.** ***ADDL.R7 IS IMPLEADED AS PER ORDER DATED 20/11/2017 IN IA NO.18176/2017.** **R1,R5 & ADDL.R7 BY SR GOVERNMENT PLEADER SRI.B.VINOD R2 TO R4 BY SRI.P.C.SASIDHARAN,SC R6 BY ADV. SRI.NIRMAL S., SC, CBSE** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** **WP(C).No. 30447 of 2017 (E) ------------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **---------------------------------------** **EXHIBIT P1 A TRUE COPY OF THE INTIMATION DATED 18/03/2013, ISSUED FROM THE 5TH RESPONDENT COUNCIL, CERTIFYING THAT, CERTIFICATES ISSUED BY EDEXCEL IGCSE IS EQUIVALENT FOR ADMISSION TO CLASS XI IN CBSE OR ANY OTHER BOARD ACROSS THE COUNTRY, INCLUDING KERALA BOARD OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.** **EXHIBIT P2 A TRUE COPY OF THE GRADE CARD ISSUED BY EDEXCEL INTERNATIONAL GCSE DATED JANUVARY, 2017 OF THE 1ST PETITIONER.** **EXHIBIT P2(A) A TRUE COPY OF THE GRADE CARD ISSUED BY EDEXCEL INTERNATIONAL GCSE DATED JANUVARY, 2017 OF THE 2ND PETITIONER.** **EXHIBIT P2(B) A TRUE COPY OF THE GRADE CARD ISSUED BY EDEXCEL INTERNATIONAL GCSE DATED JANUVARY, 2017 OF THE 3RD PETITIONER.** **EXHIBIT P2(C) A TRUE COPY OF THE GRADE CARD ISSUED BY EDEXCEL INTERNATIONAL GCSE DATED JANUVARY, 2017 OF THE 4TH PETITIONER.** **EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION DATED 15/07/2017 PUBLISHED BY THE 2ND RESPONDENT, INVITING APPLICATIONS FROM ELIGIBLE CANDIDATES, ONLINE, FOR ADMISSION TO HIGHER SECONDARY OPEN REGULAR COURSE(2017-2019).** **EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 26/7/2017, SUBMITTED BY THE 1ST PETITIONER, ONLINE FOR HIGHER SECONDARY OPEN REGULAR COURSE (2017-2019). EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 26/7/2017, SUBMITTED BY THE 2ND PETITIONER, ONLINE FOR HIGHER SECONDARY OPEN REGULAR COURSE (2017-2019) BEFORE THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 26/7/2017, SUBMITTED BY THE 3RD PETITIONER, ONLINE FOR HIGHER SECONDARY OPEN REGULAR COURSE(2017-2019), BEFORE THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED 26/7/2017, SUBMITTED BY THE 4TH PETITIONER, ONLINE FOR HIGHER SECONDARY OPEN REGULAR COURSE(2017-2019), BEFORE THE 2ND RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE DATED 17/12/2008 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES.** **2/-** **-2-** ## **WP(C).No. 30447 of 2017 (E)** - **EXHIBIT P9 A TRUE COPY OF THE APPLICATION DATED 11/8/2017, SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT, REQUESTING TO ISSUE EQUIVALENCY CERTIFICATES.** - **EXHIBIT P9(A) A TRUE COPY OF THE APPLICATION DATED 11/08/2017, SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT, REQUESTING TO ISSUE EQUIVALENCY CERTIFICATES.** - **EXHIBIT P9(B) A TRUE COPY OF THE APPLICATION DATED 11/08/2017, SUBMITTED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT, REQUESTING TO ISSUE EQUIVALENCY CERTIFICATES.** - **EXHIBIT P9(C) A TRUE COPY OF THE APPLICATION DATED 11/08/2017, SUBMITTED BY THE 4TH PETITIONER BEFORE THE 5TH RESPONDENT, REQUESTING TO ISSUE EQUIVALENCY CERTIFICATES.** - **EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 30/08/2017 ISSUED BY THE 5TH RESPONDENT, WHICH HAS BEEN RECEIVED BY THE 1ST PETITIONER.** - **EXHIBIT P11 A TRUE COPY OF THE REPORT DATED 29/8/2017 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT TO THE PETITIONERS ON 18/09/2017.** - **EXHIBIT P12 A TRUE COPY OF THE RELEVANT PORTION OF THE IGCSE SYLLABUS.** ## **RESPONDENT(S)' EXHIBITS:** ## **NIL** **-------------------------------------------** **/TRUE COPY/** **P.A.TO JUDGE** **sts** ## **K. VINOD CHANDRAN, J.** **---------------------------------W.P(C). No.30447 of 2017 [E] ---------------------------------Dated this the 22[nd] day of November, 2017** ## **JUDGMENT** Petitioners are concerned with the admission to the State Council for Open and Lifelong EducationKerala [SCOLE-Kerala]. The petitioners were students, who completed their Secondary School Education, ie: 10[th] standard under the International General Certificate for Secondary Education [IGCSE]. The IGCSE is said to be an English Language Curriculum offered to prepare the students for International levels and is developed by University of Cambridge International Examinations; the Examination Board being Edexcel in United Kingdom. The curriculum has been recognised by the Council of Boards of School Education in India _W.P(C). No.30447 of 2017 [E]_ **2** [COBSE] as per Ext.P1. 2. The petitioners studied in the curriculum prescribed by the IGCSE in the MES Central School, Tirur. The petitioners seek continuation of their education,in the Senior Secondary under SCOLEKerala. They had applied under Ext.P3 notification by applications produced at Exts.P4 to P7. However they are not permitted to be admitted or continued since they had not studied the subject of Social Studies in the 10[th] Standard. 3. It is pointed out that the State Council for Education Research and Training [SCERT] has by Ext.P11 permitted the 2[nd] respondent to decide on whether the students who studied IGCSE Syllabus can be admitted to the Higher Secondary course under the SCOLE-Kerala. The learned counsel for the petitioners would point out that merely because the petitioners did not study Social Studies, they cannot be disabled from being admitted to the _W.P(C). No.30447 of 2017 [E]_ **3** Higher Secondary level. It is also pointed out that the Curriculum they studied is one formulated under the British standards meeting any International Curriculum and hence they cannot be discriminated from being admitted to the Higher Secondary level. The petitioners also seek a declaration that the 10[th] Grade passed by the petitioners under IGCSE is valid for admission to Higher Secondary Open Regular Course conducted by the 2[nd] respondent. 4. The learned Standing Counsel appearing for respondents 2 & 3 submits that as per the eligibility condition for admission to the Senior Secondary Level under the 2[nd] respondent, it is mandatory that two languages, Social Science/ Psychology, Science and Maths be part of the Curriculum of the High School and a student seeking admission has to get a minimum of D[+] in all the aforesaid subjects. It is pointed out that though regularization was granted at an earlier stage, the _W.P(C). No.30447 of 2017 [E]_ **4** same has been stopped as of now and it is on the basis of an Expert Committee recommendation that the condition is so stipulated and insisted upon. It is also pointed out that the eligibility condition is so prescribed, treating any Board Examination at the 10[th] Grade being eligible to be considered as equivalent, if the same is equivalent to the Secondary School Leaving Certificate as issued by the State Board. What is specifically averred in the Counter Affidavit is as to the Curriculum of the Open Schools, in which there is an insistence of the aforesaid subjects as a mandatory condition for admission. 5. The stipulation admittedly is that the eligible qualification of any student, who seeks admission to the Higher Secondary Level in SCOLEKerala has to be equivalent to the SSLC issued by the Board of Public Exams, Kerala. As to the National Institute of Open Schooling [NIOS] it has _W.P(C). No.30447 of 2017 [E]_ **5** been specified that two languages, Social Science/ Psychology, Science and Maths are to be compulsorily studied. This Court does not discern any discrimination in so far as the endeavor is to ensure that the basic qualification obtained by the student who aspires to be admitted to the Higher Secondary Level in SCOLE-Kerala, has a comprehensive curriculum equivalent to that of the SSLC curriculum of the State. 6. It is also pertinent that even the 4[th] respondent does not consider the qualification of the petitioners to be equivalent to that of SSLC and merely leaves it to the discretion of the 2[nd] respondent whether the students having secondary qualification from IGCSE can be equated and granted admission at the senior secondary level. This is a decision to be taken by the administrators, factored on the expert opinion of academicians and the scope of interference by this Court on such a _W.P(C). No.30447 of 2017 [E]_ **6** decision is very limited. This Court definitely cannot superimpose its opinion over that of the academicians nor will it be proper to attempt a subjective consideration of whether the petitioners without social studies would be entitled to be admitted. 7. As for the prayer for declaration sought, it has to be observed that it is not for this Court to interfere with the technical considerations of an equivalency as has been held by the Hon'ble Supreme Court. **Guru Nanak Dev University v. Sanjay Kumar Katwal [(2009) 1 SCC 610]** held that equivalency is a technical matter to be decided by the academic body. A similar issue, wherein the petitioner had been denied admission for not having studied Maths under the NIOS; this Court had considered and rejected by judgment dated 06.11.2017 in WP(C) No. 31408 of 2017. The prayers made herein are almost similar; with difference _W.P(C). No.30447 of 2017 [E]_ **7** only in the subject specification. The dictum is squarely applicable. 8. As has been found there is absolutely no question of discrimination since the admission to the Senior Secondary level is based on the qualification, which is equivalent to SSLC. The petitioners having not studied one of the subjects as prescribed in the SSLC Examination cannot claim that they are placed equal to those candidates, who have qualified SSLC or an equivalent Examination. The writ petition would stand dismissed. No costs. Sd/- ## **K. VINOD CHANDRAN, JUDGE.** //True Copy// P.A. to Judge sp/22/11/17