K.T.Raveendran vs State Of Kerala
2021 Latest Caselaw 11857 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.8386 OF 2021(W)


PETITIONER:

               K.T.RAVEENDRAN, AGED 63 YEARS,
               S/O. THANKAPPAN, KOCHUPARAMBIL HOUSE,
               SOUTH PARAVOOR P.O., UDAYAMPEROOR (VIA),
               ERNAKULAM DISTRICT (FATHER OF LAKSHMI RAVEENDRAN,
               STANDARD X-E, K.P.M.SCHOOL, POOTHOTTA, THRIPUNITHURA,
               ERNAKULAM DISTRICT).

               BY ADV. SRI.P.DEEPAK

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695 014.

      3        THE DISTRICT EDUCATION OFFICER,
               ERNAKULAM, OFFICE OF THE D.E.O.,
               ERNAKULAM-682011.

               BY ADV.SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8386 OF 2021(W)

                             -2-

                          JUDGMENT

Dated this the 9th day of April 2021

This writ petition appears to have been

filed by the petitioner primarily for protection

of the dignity of his daughter, who is a specially

abled child; rather than in assertion of any legal

right.

2. The petitioner's daughter is stated to be

suffering from certain locomotive disorders, but

that she does not want to be depended on anybody

and wants to write her examinations on her own.

For this purpose, the petitioner, on behalf of his

daughter, seeks that the 'scribe', assigned to her

by the educational Authorities, be directed to

remain on stand-by and to assist her only if she

requires his or her assistance.

3. Noticing the afore request of the

petitioner, I passed an order on 30.03.2021 on the

following lines:

WP(C).No.8386 OF 2021(W)

"The prayer in this writ petition certainly is unusual. The petitioner's daughter is stated to be suffering from certain locomotive disorders; but she still wants to writ the examination on her own. All that she has, therefore, prayed before this Court is that the Authorities be directed to allow the "scribe" who has already been provided to the child, to remain as a standby to take over when she tires writing for long periods.

This, perhaps, is one of those cases which have never being tested before this Court or before the Authorities earlier. Obviously, therefore, the Authorities would require some time to think about it.

I, therefore, adjourn this matter to be called on 07.04.2021; within which time the second respondent DGE will inform this Court what best he can do for the child."

4.Thereafter, when this mater was called on

07.04.2021, the learned Senior Government Pleader

- Sri.P.M.Manoj, submitted that taking note of the

sentiment of this Court expressed in the afore

interim order, the scribe will remain as a

stand-by, to assist the petitioner's child, as and

when she requires his or her assistance.

5. Today, Sri.P.Deepak - learned counsel WP(C).No.8386 OF 2021(W)

appearing for the petitioner, submits that the

first day of examination of the petitioner's

daughter went off well; and that the scribe was of

great assistance to her, who stood as a stand-by

in times of her requirement. He submitted that,

because the examinations are still continuing,

this arrangement may be maintained.

6. Since, admittedly, the examinations of the

petitioner's daughter are now continuing, and

since the first day has passed without any

hitches, I am of the view that she is entitled to

the benefit of the earlier interim order of this

Court to continue until the same are over.

In the afore circumstances, I allow this

writ petition; and direct the scribe assigned to

the petitioner's daughter to remain as a stand-by

for all her examinations and to assist her, in

case she requests for the same, with the

permission of the Invigilator. WP(C).No.8386 OF 2021(W)

At this time, the learned Government Pleader

- Sri.Sunil Kumar Kuriakose, expressed an

apprehension that this order may not be used as a

precedent by other students. I do not think that

this apprehension would has any legs to stand on

because, I have issued the afore directions

singularly taking note of the predicament of the

petitioner's daughter and for no other reason.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.8386 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 29.12.2016 ISSUED BY THE DISTRICT DISABILITY ASSESSMENT BOARD.

EXHIBIT P2 PHOTOGRAPH OF THE PETITIONER'S CHILD LEKSHMI RAVEENDRAN.

EXHIBIT P3 A TRUE COPY OF THE TIME TABLE FOR SSLC EXAMINATIONS 2021.

EXHIBIT P4 A TRUE COPY OF THE ANNEXURE C ATTACHED TO THE SSLC NOTIFICATION 2021.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 27.3.2021 ADDRESS TO THE FIRST RESPONDENT.

EXHIBIT P5(A) A TRUE COPY OF THE REPRESENTATION DATED 27.3.2021 ADDRESS TO THE SECOND RESPONDENT.

EXHIBIT P5(B) A TRUE COPY OF THE REPRESENTATION DATED 26.3.2021 ADDRESS TO THE THIRD RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE