Zenha Fathima E vs State Of Kerala
2021 Latest Caselaw 16912 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                       WP(C) NO. 14931 OF 2021
PETITIONERS:
     1     ZENHA FATHIMA E
           AGED 16 YEARS
           D/O. MOIDU, EDAVALATH HOUSE, KIZHUR POST-673522,
           KOZHIKODE DISTRICT.
           (REPRESENTED BY FATHER/NEXT FRIEND MR. MOIDU, AGED 55),
           S/O. KHADAR HAJI, EDAVALATH HOUSE, KIZHUR POST 673 522,
           KOZHIKKODE DISTRICT.
     2     MUHAMMED LAZIM. N,
           AGED 16 YEARS, S/O. THWALHATH M.K, NAJAV (H), PAYYOLI 673
           522, KOZHIKODE DIST., REPRESENTED BY FATHER /NEXT FRIEND
           THWALHATH M.K, AGED 48 YEARS, NAJAV (H), PAYYOLI 673522,
           KOZHIKKODE DISTRICT.
           BY ADVS.
           P.P.HASHICK
           M.P.SHAMEEM AHAMED


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM-695
           001, ROOM NO. 202, NORTH SANDWICH, SECRETARIAT,
           THIRUVANANTHAPURAM.
     2     THE DIRECTORATE OF HIGHER SECONDARY EDUCATION,
           HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-
           695 001, (REPRESENTED BY ITS DIRECTOR).
     3     THE DEPARTMENT OF GENERAL EDUCATION,
           ROOM NO. 302, 3RD FLOOR, ANNEX II, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001 (REPRESENTED BY
           THE PRINCIPAL SECRETARY- GENERAL EDUCATION).
     4     THE PRINCIPAL,
           GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL PAYYOLI,
           THIKKODI P.O, KOZHIKODE DISTRICT, PIN-673 529
OTHER PRESENT:
           SRI. BIJOY CHANDRAN-SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14931 OF 2021
                                    2

                              JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) Issue a writ in the nature of declaration that awarding of bonus points based on place of birth or domicile for the Plus One Course in the State of Kerala is violative of Article 14 & Article 15 (1) of the Constitution of India.

(ii) To issue a writ of mandamus directing the respondents to refrain from giving any preferential treatments based on the 'residence' or 'place of birth' for admission to plus one course in the State of Kerala."

2. Heard the learned counsel for the petitioners and

the learned Government Pleader.

3. The only prayer which can be granted in the facts

and circumstances of the instant case is for a consideration

of the issue raised by the petitioners by the 1 st respondent.

The learned counsel for the petitioners submits that a

representation has been submitted on 29.07.2021 before the

3rd respondent.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take up

the representation preferred by the petitioners and to WP(C) NO. 14931 OF 2021

consider and pass orders on the same, at the earliest, taking

note of the fact that the admission procedure is going on.

The petitioner shall produce a copy of the representation

along with a copy of this judgment before the 1 st respondent

for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/13.08.2021 WP(C) NO. 14931 OF 2021

APPENDIX OF WP(C) 14931/2021

PETITIONER EXHIBITS

Exhibit P1 SCORE CARD OF THE SSLC EXAMS OF THE 1ST PETITIONER.

Exhibit P1(A) SCORE CARD OF THE SSLC EXAMS OF THE 2ND PETITIONER.

Exhibit P2 COPY OF THE ADMISSION PROSPECTUS ISSUED FOR THE PLUS ONE COURSE FOR THE YEAR 2020-21.

Exhibit P3 COPY OF THE ALLOTMENT LIST OF THE GVHSS, PAYYOLI FOR THE PLUS COURSE- PHYSICS, CHEMISTRY, BIOLOGY, MATHEMATICS COMBINATION IN THE YEAR 2020-21.

Exhibit P4 COPY OF THE REPRESENTATION DATED 29-07-2021 FILED BEFORE THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION.