High Court of KeralaSingle Judge2024-06-04Writ petitions disposed of with a direction to ...

W.P.C Nos. 19923 of 2024 and 19969 of 2024 (Jyothi Lekshmi S. and others v. Commissioner of Examinations & Others; Jayakrishnan R. and others v. Commissioner of Examinations & Others)

Case / Petition Number:WP(C) Nos. 19923 and 19969 of 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ZIYAD RAHMAN A.A.
Judgment Date: 2024-06-04
Court Decision / Holding: The court disposed of the petitions by directing the 1st respondent to grant one mark to petitioners for Question No.63 if their answer was 'Safety pin' (option 2), and to issue certificates stating that the petitioners have passed the K-TET, following the precedent set in Ext.P10 (W.A. No.539/2024).
Final Disposition: Writ petitions disposed of with a direction to grant one mark for Question 63 to petitioners who answered 'Safety pin' and to issue passing certificates for K-TET; further reliefs (such as costs) not specified in the order; translation dispensed with as per Appendix; judgment relies on Ext.P10 for parity with a related decision.

Parties to the Case

Appellants / Petitioners

Jyothi Lekshmi S
Nidhinraj P
Maya C.M
Salini Kodumpuzha
Hafiya Mol Adiyattil
Saraswathi V
Saranya K.K
Letha Kumari M.B
Sajhanamol A
Riya Mathai
Jayakrishnan R
Nidhin Sreepuram
Reshma K
Sariga Sadanandan
Silpa Mathew
Sreevidhya R
Elsamma Varghese
Akhila T

Respondents

COMMISSIONER OF EXAMINATIONS GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012
SECRETARY OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012
STATE OF KERALA REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHURAM, PIN - 695033

Legal Representation & Advocates

Counsels for Petitioners

• J. Julian Xavier
• Firoz K. Robin Jose
• V. V. (Thengathara)
• Roy Joseph
• Anies Mathew
• Nirmal Kurien
• Eapen Christeena Augustine

Counsels for Respondents

• Nisha Bose-GP

Case Synopsis & Summary

The Kerala High Court, Ernakulam, heard two writ petitions challenging the denial of marks for Question No.63 in the K-TET examination held in March 2023. The question asked: “A tool which is not commonly found in a First Aid Kit.” Petitioners answered “Safety pin,” while the official answer key listed “Stethoscope” as the correct option. The petitioners sought mandamus and other relief, requesting cancellation of the question for all four sets and grant of one mark to those who answered in the same manner, along with issuing passing certificates. The court referred to Ext.P10, a Division Bench decision in W.A. No.539/2024, which held that the petitioner in that case was entitled to one mark for answering “Safety pin.” Relying on parity with similarly situated candidates and the expert opinion in Ext.P10, the court directed the 1st respondent to grant one mark to petitioners for Question 63 if their answer was “Safety pin,” and to issue certificates indicating that they have passed K-TET. Accordingly, the writ petitions were disposed of with these directions. The decision underscores the court’s willingness to ensure fairness in evaluation by aligning with a prior, closely related ruling. The matter was disposed by a single judge.

Provisions of Law Cited

Ext.P1 notification, Clause 17Kerala Motor Vehicles Rules, 1989

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that though their answer to Question 63 in K-TET is 'Safety pin', the official key marks 'Stethoscope' as correct. Relying on Ext.P10 (W.A. No.539/2024), which favoured the petitioner in a near-identical matter, they urge the Court to grant one mark for those who answered 'Safety pin' and to issue passing certificates, invoking Ext.P1 clause 17 and fairness in evaluation.

Contentions of Respondents

The respondents defend the answer key and the established marking scheme, arguing that the official key is binding and that marks should not be altered absent a valid, precedent-bearing deviation. They maintain that any change should come through a proper statutory or departmental process rather than ad hoc adjustments.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Writ Appeal No. 539 of 2024	W.A. 539/2024	Positive	Division Bench held that the petitioner was entitled to one mark for answering 'Safety pin' for Question No.63, guiding the present matter to grant the same benefit to 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 4[TH] DAY OF JUNE 2024 / 14TH JYAISHTA, 1946** **WP(C) NO. 19923 OF 2024** ## **PETITIONER/S:** - **1 JYOTHI LEKSHMI S,AGED 29 YEARS D/O SELVARAJ P, JYOTHIBHAVANAM, ARUVAPPULAM, KONNI P.O, PATHANAMTHITTA, PIN - 689691** - **2 NIDHINRAJ P,AGED 37 YEARS S/O RAJENDRAN M K, POYILIL (H), ULLIYERI (PO), KOYILANDY, KOZHIKODE, PIN - 673620** - **3 MAYA C.M, AGED 29 YEARS D/O MANI C.R, PALAKKAL (H), CHELOOR, IRINJALAKUDA, THRISSUR, PIN - 680121** - **4 SALINI KODUMPUZHA, AGED 37 YEARS W/O SURENDRAN MELEMANGAD, KARACHAL MAMBAD, PULLIPPADAM P.O, MALAPPURAM, PIN - 676542** - **5 HAFIYA MOL ADIYATTIL,AGED 30 YEARS W/O, FAHADMON P.P, ADIYATTIL (H) PARAVANNUR, KALPAKANCHERY, MALAPPURAM, PIN - 676551** - **6 SARASWATHI V,AGED 40 YEARS W/O PRASANTH, VAKKADAN (H), KEEZHUR KUNNU P.O, IRITTY, THALASSERI, KANNUR, PIN - 670703** - **7 SARANYA K.K,AGED 35 YEARS C/O AJITH, PUTHAN PEEDIKAYIL, CHELAKKAD POST, NADAPURAM, KOZHIKODE, PIN - 673506** - **8 LETHA KUMARI M.B,AGED 42 YEARS D/O BALAKISHNAN M, AGALI MELE OORU, AGALI P.O, PALAKKAD, PIN - 678581** - **9 SAJHANAMOL A,AGED 26 YEARS C/O JAMSHAD P.C, PARA CHOLAKUZHI (H), EDAVANNAPPARA, CHERUVAYOOR POST, VAZHAKKAD, MALAPPURAM, PIN - 673645** - **10 RIYA MATHAI,AGED 35 YEARS W/O ELDHO K THANKACHAN, KARUTHEDATH (H), MORAKKALA, KUMARAPURAM P.O, KUNNATHUNAD,** W.P.C Nos. 19923 and 19969 of 2024 2 ## **ERNAKULAM, PIN - 683565** **BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN JOSE. V.V. (THENGATHARA) ROY JOSEPH ANIES MATHEW NIRMAL KURIEN EAPEN 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 DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695033** **ADV NISHA BOSE-GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2024, ALONG WITH WP(C).19969/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.C Nos. 19923 and 19969 of 2024 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **TUESDAY, THE 4[TH] DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 19969 OF 2024** ## **PETITIONER/S:** - **1 JAYAKRISHNAN R,AGED 36 YEARS S/O, RADHAKRISHNAN NAIR, AMBADI, PALEMAD, EDAKKARA, MALAPPURAM, PIN - 679331** - **2 NIDHIN SREEPURAM,AGED 36 YEARS S/O CHANDRASEKHARAN, SRUTHI (H), PURAMERI (PO), VADAKARA, KOZHIKODE, PIN - 673503** - **3 RESHMA K AGED 33 YEARS W/O SATHEESAN NAIR, THOOVAL (H), MYLATTI P.O, BARE, KASARGOD, PIN - 671319** - **4 SARIGA SADANANDAN,AGED 30 YEARS D/O SADANANDAN, KUNHIPARAMBATH, POOKOM, CHAMPAD P.O, MOKERI, KOORARA, KANNUR, PIN - 670694** - **5 SILPA MATHEW,AGED 29 YEARS D/O MATHEW, PARAMTHOTTATHIL, VELLAD P.O, KANNUR, PIN - 670571** - **6 SREEVIDHYA R,AGED 27 YEARS D/O SIVANI S, SREE BHAVANAM, PUTHENCHANDA, PANMANA, CHAVARA, KOLLAM, PIN - 691583** - **7 ELSAMMA VARGHESE,AGED 46 YEARS D/O VARGHESE, PALLIPARAMBIL (H), PUNNAPRA PO, ALAPPUZHA, PIN - 688004** - **8 AKHILA T,AGED 35 YEARS W/O RAKESH K, SREEKRISHNA, KELEMPADAM, KARAD, WANDOOR, MALAPPURAM, PIN - 679339** W.P.C Nos. 19923 and 19969 of 2024 4 **BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN JOSE. V.V. (THENGATHARA) ROY JOSEPH ANIES MATHEW NIRMAL KURIEN EAPEN 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 04.06.2024, ALONG WITH WP(C).19923/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.C Nos. 19923 and 19969 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 each to the petitioners herein for the K-TET Examination that was held W.P.C Nos. 19923 and 19969 of 2024 6 on 30.05.2023 in case they have 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 petitioners have 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 petitioner, 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, 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. 19923 and 19969 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. 19923 and 19969 of 2024 8 ## **APPENDIX OF WP(C) 19969/2024** ## **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.**| |||**JAYAKRISHNAN R, ISSUED BY THE 1ST**| |||**RESPONDENT**| |**Exhibit P2**|**(a)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| |||**CATEGORY NO.1 OF THE 2ND PETITIONER VIZ.**| |||**NIDHIN SREEPURAM, THE ISSUED BY THE 1ST**| |||**RESPONDENT**| |**Exhibit P2**|**(b)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| |||**CATEGORY NO.1 OF THE 3RD PETITIONER VIZ.**| |||**RESHMA K, ISSUED BY THE 1ST RESPONDENT**| |**Exhibit P2**|**(c)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| |||**CATEGORY NO.1 OF THE 4TH PETITIONER VIZ.**| |||**SARIGA SADANANDAN, ISSUED BY THE 1ST**| |||**RESPONDENT**| |**Exhibit P2**|**(d)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| |||**CATEGORY NO.1 OF THE 5TH PETITIONER VIZ.**| |||**SILPA MATHEW, ISSUED BY THE 1ST**| |||**RESPONDENT**| |**Exhibit P2**|**(e)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| |||**CATEGORY NO.1 OF THE 6TH PETITIONER VIZ.**| |||**SREEVIDHYA R, ISSUED BY THE 1ST**| |||**RESPONDENT**| |**Exhibit P2**|**(f)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| |||**CATEGORY NO.1 OF THE 7TH PETITIONER VIZ.**| |||**ELSAMMA VARGHESE, ISSUED BY THE 1ST**| |||**RESPONDENT**| 9 W.P.C Nos. 19923 and 19969 of 2024 - **Exhibit P2 (g) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 8TH PETITIONER VIZ. AKHILA T, 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 INSPECTOR, RTO VADAKARA, ID NO.4091** **Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.05.2024 IN W.A NO.539/2024** W.P.C Nos. 19923 and 19969 of 2024 10 ## **APPENDIX OF WP(C) 19923/2024** |**PETITIONER EXHIBITS**|| |---|---| |**Exhibit P1**|**TRUE COPY OF THE RELEVANT PAGES OF**| ||**NOTIFICATION**<br>**NO.**| ||**EX/CGL(2)/2525/2023/CGE**<br>**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. JYOTHI LEKSHMI, ISSUED BY THE 1ST**| ||**RESPONDENT**| |**Exhibit P2 (a)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| ||**CATEGORY NO.1 OF THE 2ND PETITIONER**| ||**VIZ. NIDHINRAJ P, THE ISSUED BY THE 1ST**| ||**RESPONDENT**| |**Exhibit P2 (b)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| ||**CATEGORY NO.1 OF THE 3RD PETITIONER**| ||**VIZ. MAYA C.M, ISSUED BY THE 1ST**| ||**RESPONDENT**| |**Exhibit P2 (c)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| ||**CATEGORY NO.1 OF THE 4TH PETITIONER**| ||**VIZ. SALINI KODUMPUZHA, ISSUED BY THE**| ||**1ST RESPONDENT**| |**Exhibit P2 (d)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| ||**CATEGORY NO.1 OF THE 5TH PETITIONER**| ||**VIZ. HAFIYA MOL ADIYATTIL, ISSUED BY**| ||**THE 1ST RESPONDENT**| |**Exhibit P2 (e)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| ||**CATEGORY NO.1 OF THE 6TH PETITIONER**| ||**VIZ. SARASWATHI V, ISSUED BY THE 1ST**| ||**RESPONDENT**| |**Exhibit P2 (f)**|**TRUE COPY OF THE EXAMINATION RESULT OF**| ||**CATEGORY NO.1 OF THE 7TH PETITIONER**| ||**VIZ. SARANYA K.K, ISSUED BY THE 1ST**| W.P.C Nos. 19923 and 19969 of 2024 11 ## **RESPONDENT** **Exhibit P2 (g) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 8TH PETITIONER VIZ. LETHA KUMARI M.B, ISSUED BY THE 1ST RESPONDENT** **Exhibit P2 (h) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 9TH PETITIONER VIZ. SAJHANAMOL A, ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 (i) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 10TH PETITIONER VIZ. RIYA MATHAI, 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 IS** - **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** W.P.C Nos. 19923 and 19969 of 2024 12 ## **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 24.05.2024 IN W.A NO.539/2024**