Kerala High Court
Padmakumar T.R. vs The State Of Kerala Represented By ... on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.4054 OF 2021(F)
PETITIONER:
PADMAKUMAR T.R., RESIDING AT PADMALAYAM,
PAYIKUZHI, OACHIRA P.O., KOLLAM-690 526.
BY ADV. SRI.R.RAJASEKHARAN PILLAI
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE NATIONAL INSTITUTE OF OPEN SCHOOLING
A-24-25, INSTITUTIONAL AREA, SECTION 62, NOIDA,
UTTARPRADESH 201301, REPRESENTED BY CHAIRMAN.
SRI. SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 4054/21
2
JUDGMENT
This Writ Petition has been filed by a
person who is stated to be conducting a 'Study
Centre' as sanctioned by the National
Institute of Open Schooling (NIOS), impugning
Ext.P3 order of the Government dated
24.10.2019 - and in particular Clause D
thereof - which mandates that for issuance of
Equivalency Certificate from the State
Educational Agencies, a student should have
studied one of the combinations available in
the State syllabus.
2. The petitioner asserts that, as per
Ext.P5, the students under the NIOS are
offered several subjects, from which they can
make a choice; and therefore, that the
restriction in Ext.P3, that only that
combination available in the State syllabus
will be granted equivalency, is illegal and
unlawful.
WPC 4054/21
3. Even though I have heard the
contentions of the petitioner, made on his
behalf by the learned counsel -
Sri.R.Rajasekharan Pillai, in detail today,
the fact remains that the petitioner does not
project any individual cause of action
particularly, but seems to be impelling an
anticipated issue which he thinks his students
may face in future. I am afraid that I cannot,
therefore, grant reliefs as sought for in this
Writ Petition, because none of the students
are before me and it is not even discernible
from the pleadings on record if any of them
have taken a combination contrary to what is
available in the State syllabus. It is only if
a student is shown to have taken a particular
combination and said student has an
apprehension that such combination will not be
granted an Equivalency Certificate by the
Government on account of Ext.P3, can any
WPC 4054/21
proper cause of action be maintained in
support of the reliefs sought for.
4. In short, what is before this Court
today is an anticipated cause of action,
without any supporting materials or pleadings.
In the afore circumstances and for the
reasons above, I dismiss this Writ Petition;
however, leaving full liberty to the
petitioner or any other person to approach
this Court appropriately with proper pleadings
and materials, for which purpose, all
contentions are left open.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 4054/21
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF G.O.
(RT)NO.1768/2011/G.EDN. DATED
12.5.2011.
EXHIBIT P2 TRUE COPY OF THE PRESS STATEMENT
DATED 9.7.2019 OF THE EXECUTIVE
DIRECTOR OF THE SCOLE.
EXHIBIT P3 TRUE COPY OF THE ORDER G.O.(RT)
NO.4411/2019/G.EDN. DATED
24.10.2019.
EXHIBIT P4 TRUE COPY OF G.O.(RT)
NO.2155/2016/G.EDN. DATED 25.6.2020.
EXHIBIT P5 TRUE COPY OF THE CHART OF
COMBINATION OF SUBJECTS FOR STATE
SYLLABUS FOR THE KERALA HIGHER
SECONDARY IN THE HUMANITIES GROUP.
