Roshan Jacob (Minor) vs State Of Kerala
2021 Latest Caselaw 7048 Ker

WA 1677/2019                            1/4


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                Present:
          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                  &
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
               Monday,the 1st day of March 2021/10th Phalguna, 1942
                                 WA No.1677/2019
     Against Judgment dated 08-07-2019 in WP(C) No.28559/2018 of this Court.

   For information purpose only
                                         ---

APPELLANTS/PETITIOENRS:
1.   ROSHAN JACOB (MINOR),AGED 16 YEARS,
      REPRESENTED BY HIS MOTHER SINI JACOB,MALAYIL KIZHAKKATHIL,
      KARAVALOOR P.O., PATHANAMTHITTA.
2.   ANNS JACOB (MINOR),AGED 13 YEARS,
      REPRESENTED BY HER FATHER JACOB GEORGE, BATHEL HOUSE, ANCHAL P.O.,
      KOLLAM DISTRICT.
3.   NANDANA R.,(MINOR),,AGED 16 YEARS,
      REPRESENTED BY HER FATHER, P.S.RAMACHANDRAN, VARIYAMMURIYIL
      PUTHENVEEDU, VENMONY P.O., CHENGANNUR, ALAPPUZHA DISTRICT.

      BY ADV SRI.K.P.SATHEESAN (SR.),P.MOHANDAS,S.VIBHEESHANAN,
            K.SUDHINKUMAR,S.K.ADHITHYAN & .SABU PULLAN


RESPONDENTS/RESPONDENTS:
1.   STATE OF KERALA,
      REPRESENTED BY THE PRINCIPAL SECRETARY,
      HIGHER EDUCATION DEPARTMENT, GOVERNMENT
      SECRETARIAT,THIRUVANANATHAPURAM-695 001.
2.   THE DIRECTOR OF TECHNICAL EDUCATION,
      DIRECTORATE OF TECHNICAL EDUCATION, PADMA VILASOM ROAD, FORT P.O.,
      THIRUVANANTHAPURAM-695 023.
3.   THE DIRECTOR,
      DIRECTORATE OF HIGHER SECONDARY EDUCATION,
      HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695
      001.
4.   THE DIRECTOR OF PUBLIC INSTRUCTIONS,
      DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY,
      THIRUVANATHAPURAM-695 001.
5.   THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
      5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
      THIRUVANATHAPURAM-695 001.
6.   THE GOVERNMENT SECRETARY,
      GENERAL EDUCATION DEPARTMENT,
      GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

      BY GOVERNMENT PLEADER

     Prayer for interim relief in the Writ Appeal stating that in the circumstances
stated in the appeal memorandum the High Court be pleased to issue an interim
direction to the 6th respondent to implement para 13 of Ext.P5 pending disposal of
the Writ Appeal.
     This Writ Appeal coming on for orders on 01.03.2021 upon perusing the appeal
 WA 1677/2019                           2/4

memorandum, the court on the same day passed the following:-




    For information purpose only
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                  A.K.JAYASANKARAN NAMBIAR & GOPINATH P., JJ.
                            -------------------------------------------
                                  WA No.1677 of 2019
                            -------------------------------------------
    For information purpose only
                         Dated this the 1st day of March 2021

                                       ORDER

A.K.Jayasankaran Nambiar, J.

When the matter was taken up for hearing, it was bought to our notice that notwithstanding the specific directions given by the learned Single Judge to the additional 6th respondent to see that the decision in respect of implementation of Clause (a) of paragraph 13 of Ext.P5 is taken within a period of four months, no such decision appears to have been taken by the State Government, who in the absence of any appeal against the Single Judge's judgment must be deemed to have accepted the said judgment. The affidavit filed on behalf of the 6th respondent, pursuant to a direction from this Court on 06.03.2020, suggests that while the State had undertaken before the Central Government to do away the practice of moderation from the year 2018, moderation marks continue to be awarded by the State Government in examinations conducted under the State Board. Similarly, while there was a clear undertaking that grace marks whenever awarded by the State Board would be shown distinctly in the mark sheets, the said procedure has not been followed by the State in the years subsequent to 2017.

Under said circumstances, the Secretary, General Education Department, is directed to file a fresh affidavit offering clarity on the aforesaid aspects and indicating the time frame within which the decision, as directed by the learned Single Judge in the judgment dated 08.07.2019 in W.P(C).No.28559 of 2018, will be taken by the Government. The affidavit shall be filed before this WA 1677/2019 4/4

Court within two weeks.

Post on 17.03.2021.

Sd/-

A.K.JAYASANKARAN NAMBIAR, JUDGE

For information purposeSd/-

only GOPINATH P., JUDGE

mns/01.03.2021

/true copy/

ASSISTANT REGISTRAR

EXHIBIT P5 : TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 24.04.2017 AT VIGYAN BHAWAN,NEW DELHI