W.P.(C).Nos.15834,15944 & 16099 of 2018

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 29TH DAY OF MAY 2018 / 8TH JYAISHTA, 1940** **WP(C).No. 15834 of 2018 --------------------------------** **PETITIONERS : ------------** **1 MASTER AJIL.M SON OF MUJEEB, AGED 16 YEARS,(MINOR) REPRESENTED BY HIS FATHER MUJEEB, RESIDING AT MANKADAVATH HOUSE, P.O. VENGALOOR, TIRUR, MALAPPURAM DSITRICT-676 102. 2 KUMARI AMNA KURUNIYAN DAUGHTER OF BASHEER KURUNIYAN, AGED 15 YEARS(MINOR), REPRESENTED BY HER FATHER BASHEER KURUNIYAN, RESIDING AT KURUNIYAN HOUSE, P.O. MATTATHUR, MALAPPURAM DSITRICT-676 528.** **BY ADV.SRI.M.SAJJAD** ## **RESPONDENTS :** **---------------** **1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001** **2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.** **3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CIVIL STATION, B2 BLOCK, MALAPPURAM-676 505.** **R BY SR.GOVERNMENT PLEADER SRI.T.RAJASEKHARAN NAIR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2018, ALONG WITH WP(C)NOS.15944 & 16099 OF 2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 15834 of 2018 (D)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS : --------------------------** - **EXHIBIT P1 TRUE COPY OF THE ADMISSION TICKET OF THE 1ST PETITIONER ISSUED BY CBSE, DELHI. EXHIBIT P2 TRUE COPY OF THE ADMISSION TICKET OF THE 2ND PETITIONER ISSUED BY CBSE, DELHI. EXHIBIT P3 TRUE COPY OF THE TIME SCHEDULE FOR SUBMISSION OF APPLICATION FOR ADMISSION TO PLUS ONE COURSE UNDER STATE SUYLLABUS PUBLISHED BY THE 2ND RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE NEWS PUBLISHED MADHYAMAM DAILY DATED 05-05-2018.** - **EXHIBIT P5 TRUE COPY OF THE NEWS PUBLISHED IN KERALA KAUMUDI DAILY DATED 06.05.2018.** - **EXHIBIT P6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 06.05.2018. EXHIBIT P7 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MADHYAMAM DAILY DATED 06.05.2018. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WA NO.900/2017 IN WPC NO. 16377/2017 DATED 26.05.2017.** ## **RESPONDENTS' EXHIBITS : NIL** **------------------------** ## **/TRUE COPY/** ## **P.A TO JUDGE** ## **AV/29/5** ## **ANIL K.NARENDRAN, J.** **-----------------------------------** W.P.(C).Nos.15834,15944 & 16099 of 2018 **----------------------------------** Dated this the 29[th] day of May, 2018 ## **J U D G M E N T** W.P.(C).No.15834 of 2018:- The petitioners, who have completed their Class X course under Central Board of Secondary Education (CBSE) stream at Islahiya Public School, Kottakkal, Malappuram District and appeared for the examination conducted in March 2018, vide Exts.P1 and P2 admission tickets issued by the CBSE, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Director of Higher Secondary Education to extend the time limit for submission of application for Plus One admission under the State syllabus. 2. W.P.(C).No.15944 of 2018:- The petitioner, which is stated to be the consortium of the Managements of Unaided Schools, has filed this writ petition, seeking a writ of mandamus commanding the respondents to adjourn the closure of admission procedure to Plus One class under the State Syllabus till the publication of CBSE Class X results. 3. W.P.(C).No.16099 of 2018:- The petitioners, who are the Parent Teachers' Association Presidents of various CBSE schools, have filed this writ petition, seeking a writ of mandamus commanding the Higher Secondary Education Department to extend the last date to W.P.(C).Nos.15834, 15944 & 16099 of 2018 2 submit application for Plus One course in the State stream for two days after declaration of results of CBSE Class X, so as to enable the students to secure admission to Plus One course in the State stream. 4. On 18.05.2018, when W.P.(C).Nos.15944 of 2018 and 15834 of 2018 came up for admission, it was submitted by the learned Government Pleader that the last date for submission of application for admission to Plus One stands extended till 30.05.2018. Accordingly, the said writ petitions were ordered to be listed for further consideration on 28.05.2018 along with connected cases. 5. On 28.05.2018, when these writ petitions were taken up for consideration, it was submitted by the learned Standing Counsel for CBSE that the result of Class X CBSE students is likely to be published by the 1[st] /2[nd] week of June, 2018. Accordingly, these writ petitions are listed today for further consideration. 6. Today, when these writ petitions are taken up for further consideration, it is submitted by the learned Standing Counsel for CBSE that CBSE Class X results will be declared today by 4.00 p.m. 7. The learned Senior Government Pleader would submit that in view of the judgment of the Division Bench of this Court dated 26.05.2017 in W.A.Nos.900 and 906 of 2017, the Director of Higher W.P.(C).Nos.15834, 15944 & 16099 of 2018 3 Secondary Education shall keep open the last date for making application for admission to Plus One course - 2018 for 'two days' after declaration of CBSE Class X results. 8. Heard the learned counsel for the petitioners in these writ petitions, the learned Senior Government Pleader for the official respondents and also the learned Standing Counsel for the CBSE. 9. By the judgment dated 26.05.2017 in W.A.Nos.900 and 906 of 2017, a Division Bench of this Court has modified the judgment of the learned Single Judge in W.P.(C)No.16377 of 2017 and connected case, by directing the State of Kerala to keep open the last date for making application for admission to Plus One course - 2017 for 'two days' after declaration of Class X CBSE results. In the said judgment, the Division Bench has made it clear that it would be the duty of the State to give wide publicity to the extension of time granted for making application for admission to Plus One course, so that the students will be in a position to make online application once they get their marks for Class X examination. Paragraphs 5 to 8 of the said judgment reads thus: “5. Reserving 10% of the seats would even otherwise be of no consequence in as much as all the good courses and good schools would then be occupied by the non-CBSE students, once again denying them equality and the right of choice. The number of students as noticed above is not W.P.(C).Nos.15834, 15944 & 16099 of 2018 4 insignificant. Thus, we cannot countenance this concept of 10% reservation which again is not exclusively for CBSE students. We may look at it slightly differently. If the State has no problem in reserving 10% of the seats where admissions would be finalised and classes would start three weeks later, will it not amount to classification with no rational basis? There would be two groups of students in the same school starting at different times. That would lead to more administrative chaos than what is being sought to be avoided. It would not be in the interest of students. 6. To us, like other professional institutions where applications are received, pending results, State could have and ought to have adopted the same procedure, so that all formalities, data collection would be over and would merely await for formal results. It would have reduced the time gap. Unfortunately, State even though was alive to the situation, chose to ignore and turn a blind eye with the matters of education and specially at the level of Plus One level. We cannot permit such unholy discrimination only on the ground of local board and CBSE. We need say no more. 7. Lastly, the learned Government Pleader produced before us a judgment of learned single Judge of this Court dated 04.06.2010 passed in W.P.(C) No.15351 of 2010 ( **E.T.Sreelakshmi and others v. State of Kerala and others** ), wherein the learned single Judge did not allow extension of date merely on the ground that 5% of the seats would be kept reserved for supplementary allotment. That was thought to be just and proper for the W.P.(C).Nos.15834, 15944 & 16099 of 2018 5 reasons indicated above. We are unable to subscribe to that and in our view, it is not correct. We thus find no reason to interfere with the order of the learned single Judge under appeal. 8. After we had virtually dictated the order, learned Standing Counsel for the CBSE brought to our notice the instructions which he had just received. As per the instructions, apparently because of various other controversies which have been reported in Press, CBSE is expected to declare Class X results within the second week of June, 2017. Thus, even the date as fixed by the learned single Judge may not serve the purpose. In the extraordinary circumstances with which we are faced, we would modify the order of the learned single Judge directing that the State of Kerala will keep open the last date for making application for admission to the Plus One course for 'two days' after declaration of results, meaning thereby, three clear working days including the date of declaration of CBSE results of Class X. It would be their duty to publish repeatedly and adequately such news so that parents and guardians may be ready to make Online applications, no sooner they are able to get marks of their children. We hope and trust that the State realises the exigency of the matter and implement the directions of this Court in its true spirit.” 10. In view of the judgment of the Division Bench of this Court dated 26.05.2017 in W.A.Nos.900 and 906 of 2017, these writ petitions are disposed of by directing the State of Kerala and the W.P.(C).Nos.15834, 15944 & 16099 of 2018 6 Director of Higher Secondary Education to keep open the last date for making application to Plus One course - 2018 for 'two days' after the declaration of CBSE Class X results, i.e., three clear working days including the date of declaration of Class X CBSE results. The Director of Higher Secondary Education shall give wide publicity to the extension of time granted for CBSE Class X students to seek admission to Plus One course - 2018, so as to enable such students to make online applications once they get their marks in the CBSE Class X examination. Sd/- **ANIL K.NARENDRAN** **JUDGE** AV/25/5