Nilaa R Shijilal vs The State Of Kerala

Citation : 2024 Latest Caselaw 13188 Ker
Judgement Date : 23 May, 2024

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Kerala High Court

Nilaa R Shijilal vs The State Of Kerala on 23 May, 2024

WP(C) No.18469/2024                        1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
                 Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                               WP(C) NO. 18469 OF 2024 (G)

   PETITIONER:


          NILAA R SHIJILAL, AGED 16 YEARS, D/O SHIJILAL M.R, REPRESENTED BY
          HER FATHER, SHIJILAL M.R, PRABHA HOUSE,KSHB COLONY, MALAPARAMBA,
          KOZIHOKODE, KERALA, PIN - 673 009.


   RESPONDENTS:


      1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL
         EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695 014.
      2. THE DIRECTOR, DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
         THIRUVANANTHAPURAM , PIN - 695 014.
      3. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM, PIN -
         695 014.
      4. THE DIRECTOR, SCERT, POOJAPURA, THIRUVANTHAPURAM, PIN - 695 014.
      5. SECRETARY, PAREEKSHA BHAVAN, POOJAPURA, THIRUVANTHAPURAM, PIN - 695
         014.
      6. THE REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING,
         REGIONAL CENTRE, 6TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, KOCHI,
         PIN - 682 036.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an Interim order directing the 4th respondent to issue
   equivalency certificate to the petitioner for submitting application
   before the school authorities for plus one admission before May 25th of
   2024 which is the last date of application. Pending consideration of this
   writ petition and also in alternative if the petitioner failed to obtain
   the Equivalency Certificate before 25-05-2024, direct the school
   authorities wherever the petitioner seeking admission without insisting
   condition number (d) in Exhibit P1 prescribing the age limit as 17 years
   for applying the SSLC equivalency certificate till the disposal of the
   above writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SMT.BINDU V.K, Advocate for the petitioner, GOVERNMENT PLEADER for
   respondents 1 to 5 and of SRI.V.DEVAN, Standing Counsel for 6th
   respondent, the court passed the following:
 WP(C) No.18469/2024                            2/4




                                 ZIYAD RAHMAN A.A., JUDGE
                            =========================
                                 W.P(C) No.18469 of 2024
                           ==========================
                            Dated this the 23rd day of May, 2024

                                            ORDER

Admit.

2. The learned Government Pleader takes notice for respondent Nos.1 to 5 and the learned Standing Counsel, Sri.V.Devan, takes notice for the 6th respondent.

3. The basic challenge in this writ petition pertains to the minimum age fixed for the students who have completed the SSLC through the 6th respondent for pursuing the Higher Secondary courses. It is seen from the records that, as per Exts.P5 and P6 orders, this Court has already stayed the Government Order impugned in this case and granted permission to students to get admitted for Plus Two course, irrespective of the age limit prescribed as per the impugned Government Order.

In the light of the above, as an interim measure, it is ordered that, the 5th respondent shall issue an Equivalency WP(C) No.18469/2024 3/4 WP(C)No.18469/2024 ..2..

Certificate to the petitioner forthwith, to enable him to get admission for the regular stream of Plus Two courses.

Post on 13.06.2024.

Sd/-

ZIYAD RAHMAN A.A. JUDGE (H/o) ACR 23-05-2024 /True Copy/ Assistant Registrar WP(C) No.18469/2024 4/4 APPENDIX OF WP(C) 18469/2024 Exhibit P1 TRUE COPY OF THE ORDER DATED 24-10-2019 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE LNTERIM ORDER IN WP(C) 20011/2020 DATED 01-10-2020 Exhibit P6 TRUE COPY OF THE JUDGMENT ISSUED IN WP(C) NO.20011/2020 DATED 08-12- 2020 23-05-2024 /True Copy/ Assistant Registrar