SIDHARTH S KUMAR AND OTHERS v. STATE OF KERALA AND OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE BASANT BALAJI** ## **FRIDAY, THE 11[TH] DAY OF AUGUST 2023 / 20TH SRAVANA, 1945** ## **WP(C) NO. 20426 OF 2023** ## **PETITIONER/S:** - 1 SIDHARTH S KUMAR AGED 18 YEARS S/O SURESHAN P P VENGORA HOUSE, EDAYANNUR PO KANNUR , KERALA, PIN - 670595 - 2 AKHIL A AGED 18 YEARS S/O ANIL KUMAR S, ANILBHAVAN, VETTIMONKONAM THOTTAKADU P.O, KALLAMBALAM KERALA, PIN - 695605 - 3 PAPPAN JAYAMON AGED 18 YEARS S/O JAYAMON K P KEEZHATTIL HOUSE , PUTHUPPALII PO KOTTAYAM, KERALA, PIN - 686011 - 4 B VIJAYKRISHNA AGED 18 YEARS S/O BIJU V S, VAZHAVILAYIL HOUSE RAJAMUDY PO, MURICKASSERY KERALA, PIN - 685604 - 5 ARCHANA M AGED 18 YEARS D/O SUDHEERKUMAR MANNINGAPPALLIYALY (H) MORAYUR, PO , KERALA, PIN - 673642 - 6 KASYAPAN S RAJESH AGED 18 YEARS S/O RAJESH KUMAR P C DINESH BHAVAN, MUTHUVANNACHA PO KUTTYADI, PALERI, KOZHIKODE KERALA, PIN - 673508 - 7 NANDHANA SATHEESH AGED 19 YEARS D/O SATHEESH KUMAR S, THOTTATHIL PUTHEN VEEDU MEMANA, OACHIRA PO, KOLLAM KERALA, PIN - 690526 - 8 MUHAMMED NISAM P A AGED 18 YEARS S/O AHAMMED ALI, POOVAKKOODAN HOUSE MANNARKAD, PERIMPADARI KERALA, PIN - 678762 - 9 MUHAMMED SHANID AGED 18 YEARS S/O SHARAFUDHEEN T , SAMEERA MANZIL OZHUKUR P.O, MALAPPURAM KERALA, PIN - 673642 - 10 DEVANANDA SUNIL AGED 18 YEARS D/O SUNIL KUMAR, SOPANAM HOUSE, DOTTAPPANKULAM, SULTHAN BATHERY, WAYANAD KERALA, PIN - 673592 - 11 MOHAMMED JAMALUDHEEN AGED 18 YEARS WP(C) NO. 20426 OF 2023 -2- S/O SHAMSUDHEEN, PAZHAYAPATTILLATH HOUSE KOLATHUR , MALAPPURAM KERALA, PIN - 679338 - 12 SRADHA SREEJITH AGED 18 YEARS - D/O REKHA K R ODASSERY HOUSE, CHERAI PO ERNAKULAM, KERALA, PIN - 683514 - 13 ANURAG M V AGED 18 YEARS - S/O VISHNU PRAKASH MALAPPURA (H), BHOOTHANAM COLONY P.O PULPALLI PO, WAYANAD KERALA, PIN - 673579 - 14 AMAYA P K AGED 18 YEARS - D/O RADHAKRISHNAN, KOMATHKANDY HOUSE PATHIRIYAD CHAMBAD KERALA, PIN - 670741 - 15 KRISHNAPRIYA P V AGED 18 YEARS D/O VIMALKUMAR P K PARAVANKANDY HOUSE , MANANTHAVADY P O KERALA, PIN - 670645 BY ADV GAYATHRI MURALEEDHARAN ## **RESPONDENT/S:** - 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY -GENERAL EDUCATION ROOM NO. 206, SECOND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 - 2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 - 3 ADDITIONAL DIRECTOR GENERAL NCC DIRECTORATE (K&L) THIRUVANATHAPURAM, PIN - 695010 - 4 PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001 ## **OTHER PRESENT:** ## GP V. VENUGOPAL WP(C) NO. 20426 OF 2023 -3- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20426 OF 2023 -4- ## JUDGMENT (Dated this the 11[th] day of August, 2023) Petitioners are Cadets in NCC and have obtained B Certificate after clearing examinations and attended the camps for republic day as well as national camps. 2. Initially 5% grace marks (60 marks equivalent for Kerala State Higher Secondary Examination) were awarded to all the cadets who have attained 75% for the parade training programs arranged in the school level and additional 5% given to the cadets who completed training camps including naval attachment camp, army attachment camp, pre-republic day camp and pre nau-sainik camp. 3. The 3[rd] respondent issued a letter to the 1[st] respondent stating that NCC candidates who participated in the Covid relief activities and who have obtained 75% attendance WP(C) NO. 20426 OF 2023 -5- is entitled to 5% grace marks and those who hold ranks corporal and above and those who were cleared A/B certificate examination and those who were attended camps entitled for 10% grace marks. 4. In 2023, the 1[st] respondent issued another order limiting the total grace marks awarded for extra curricular activities in the school. A perusal of Ext.P3 shows that grace marks awarded for the scout and guides with 80% attendance is 18 and those who were cleared the examination for the Chief Minister Shield is 20 and those who have obtained the Rashtrapati award is 25. The candidates having 75% attendance is eligible for 20 as grace mark and the cadets who have either obtained B certificate or rank corporal or above and have attended any camp will be awarded 25 marks. 5. Ext.P3 was subsequently revised at the recommendation of the 2[nd] respondent enhancing the grace WP(C) NO. 20426 OF 2023 -6- marks for Sports, Scout and Guides and NSS by order dated 15.05.2023. 6. It is the case of petitioners that though NCC, Scouts and guides are similarly placed as per the Kerala Education Rules, 1959 the NCC is arbitrarily disregarded in Ext.P4 order revising Ext.P3. 7. Aggrieved by Ext.P4, the 3[rd] respondent has sent Ext.P5 letter to the 1[st] respondent on 19.05.2023 requesting to take a decision on granting marks for the NCC cadets. The Department forwarded Ext.P5 to the 1[st] respondent. 8. The learned Government Pleader has handed over the Government Order No.4367/2023/GEDN dated 01.08.2023 which is passed on the representation of the 1[st] petitioner herein as well as the directions issued by this Court on 12.07.2023, wherein it is stated as follows: ‘As per the order dated 12.07.2023, the proposal send by NCC Directorate as to WP(C) NO. 20426 OF 2023 -7- examine carefully and on the basis of the said proposal, it is decided that the proposal is accepted and NCC Cadets will be granted marks as per the schedule appended to G.O dated 01.08.2023’. 9. The reliefs sought in the writ petition are as follows:- - “i. Issue a writ of mandamus or any other appropriate writs, directions or orders calling for the records lead to Exhibit P4 and Exhibit P9 orders. - ii. Issue a writ or any other appropriate writs, directions or orders quashing the Exhibit P9 order iii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding 1[st] Respondent and the 2nd Respondent to enhance the grace marks awarded to the NCC cadets of the state including the Petitioners considering the working hours, contribution and other relevant factors. - iv. Issue a writ of mandamus or any other appropriate writs. directions or orders commanding the 1" Respondent and the 2[nd] Respondent to revise the grace marks awarded to the NCC cadets with respect to the Exhibit P3 and Exhibit P4 Government Order. - v. Petitioners also pray that this Honourable Court maybe pleased to dispense with the translation of the documents produced in the vernacular language. - vi. To pass such other reliefs that this Hon'ble Court deem fit and proper.” WP(C) NO. 20426 OF 2023 -8- 10. Since the grievance of the petitioners are redressed by the issuance of the Government Order No.4367/2023/GEDN dated 01.08.2023 and now what remain is the implementation of the said Government Order. In the result, the writ petition is allowed and Ext.P9 is quashed. There will be a direction to the respondents 1 and 2 to award grace marks to petitioners on the basis of the Government order dated 01.08.2023. It is clarified that the Government Order No.4367/2023/GEDN dated 01.08.2023 applies to all the NCC candidates throughout the State and is implemented in letter and spirit. **Sd/BASANT BALAJI JUDGE** JS WP(C) NO. 20426 OF 2023 -9- ## **`APPENDIX OF WP(C) 20426/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE ORDER PASSED BY THE`| ||`3RD RESPONDENT BEARING NO:`| ||`507/2/P1-PUB/2018 NCC DATED 11.04.2019`| |`Exhibit P2`|`THE TRUE COPY OF THE LETTER BEARING FILE`| ||`NO: 507/2/P1-PUB/2021/ NCC BY THE 3RD`| ||`RESPONDENT TO THE 1ST RESPONDENT DATED`| ||`15.06.2022`| |`Exhibit P3`|`THE TRUE COPY OF THE GO NO. 2534/2023/GEDN`| ||`DATED 20.04.2023`| |`Exhibit P4`|`THE TRUE COPY OF THE G.O NO.`| ||`2877/2023/GEDN. DATED 15.05.2023`| |`Exhibit P5`|`THE TRUE COPY OF THE LETTER BEARING FILE`| ||`NO: 507/2/P1-PUB/2023/ NCC MADE BY THE 3RD`| ||`RESPONDENT TO THE 1ST RESPONDENT DATED`| ||`19.05.2023`| |`Exhibit P6`|`THE TRUE COPY OF THE LETTER DATED`| ||`30.05.2023 BEARING FILE NO: G/1/159/2023/`| ||`GEDN`| |`Exhibit P7`|`THE TRUE COPY OF THE REPRESENTATION`| ||`SUBMITTED BY THE 1ST PETITIONER DATED`| ||`31.05.2023`| |`Exhibit P8`|`. THE TRUE COPY OF THE JUDGMENT OF THIS`| ||`HONOURABLE COURT IN W.P (C) NO.18023 OF`| ||`2023 DATED 05.06.2023`| |`Exhibit P9`|`THE TRUE COPY OF THE ORDER BEARING FILE NO:`| ||`GO NO: 3321/2023 /GEDN DATED 07.06.2023`| ||`ISSUED BY THE 1ST RESPONDENT`| |`Exhibit P10`|`THE TRUE COPY OF THE POSTAL CARD DATED`| ||`15.06.2023 ENVELOPING THE EXHIBIT P9 ORDER`| |`Exhibit P11`|`THE TRUE COPY OF THE LETTER DATED`| ||`17.06..2023 BEARING FILE NO:`| ||`Y1/382358/22/DGE ISSUED BY THE 2ND`| ||`RESPONDENT TO 3RD RESPONDENT`| |`Exhibit P12`|`THE TRUE COPY OF THE CERTIFICATE ISSUED TO`| ||`THE 2ND PETITIONER BY THE NCC OFFICER ,`| ||`VVHS POREDOM DATED NIL`|