Kerala High Court
State Of Kerala vs Fleming Shaijan (Minor) on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
WA NO. 1426 OF 2021
AGAINST THE ORDER IN WP(C) 23353/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY DIRECTOR OF GENERAL EDUCATION.
3 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
4 THE REGIONAL DEPUTY DIRECTOR
DEPARTMENT OF HIGHER SECONDARY EDUCATION,
NEAR CHANGAMPUZHA PARK,
EDAPPALLY, KOCHI - 682 024.
BY SR. GOVERNMENT PLEADER SRI.A J VARGHESE
RESPONDENT:
FLEMING SHAIJAN (MINOR)
AGED 16 YEARS
WA.1426 of 2021 & WP(C)No.23353 of 2021
2
S/O. SJAIJAN JOSEPH, PALATTY KOONATHAN HOUSE,
YORDHANPURAM P. O., ALUVA TALUK,
ERNAKULAM DISTRICT - 683 574,
REPRESENTED BY HIS MOTHER SIJI VARHGESE,
PALATTY KOONATHAN HOUSE, YORDHANPURAM P. O.,
ALUVA TALUK, ERNAKULAM DISTRICT - 683 574.
BY SRI.P.SHAIJAN JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, ALONG WITH WP(C).23353/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.1426 of 2021 & WP(C)No.23353 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
WP(C) NO. 23353 OF 2021
PETITIONER:
FLEMING SHAIJAN (MINOR)
AGED 16 YEARS
S/O. SHAIJAN JOSEPH, PALATTY KOONATHAN HOUSE,
YORDHANAPURAM P.O, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN 683574
REPRESENTED BY HIS MOTHER SIJI VARGHESE,
PALATTY KOONATHAN HOUSE, YORDHANAPURAM P.O,
ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683574
BY ADV P.SHAIJAN JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM PIN 695 001
2 DIRECTORATE OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING SANTHI NAGAR,
THIRUVANANTYHAPURAM PIN 695 001
REPRESENTED BY DIRECTOR OF GENERAL EDUCATION.
3 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING SANTHI NAGAR,
THIRUVANANTHAPURAM PIN 695 001
4 REGIONAL DEPUTY DIRECTOR
WA.1426 of 2021 & WP(C)No.23353 of 2021
4
DEPARTMENT OF HIGHER SECONDARY EDUCATION,
NEAR CHANGAMPUZHA PARK,
EDAPALLY, KOCHI 682 024
BY SR. GOVERNMENT PLEADER SRI.A J VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, ALONG WITH WA.1426/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.1426 of 2021 & WP(C)No.23353 of 2021
5
JUDGMENT
A.K.Jayasankaran Nambiar, J.
The writ appeal is filed by the State of Kerala and its
Higher Secondary Education and General Education Department,
aggrieved by an interim order dated 28.10.2021 of a learned Single
Judge in WP(C)No.23353 of 2021. In as much as the issue raised in
the writ appeal lies in a very narrow compass and we felt that an
adjudication of the appeal would effectively dispose the writ petition
itself, we deemed it appropriate to call for the writ petition also for
consideration along with the appeal. It is thus that both the writ
appeal and the writ petition are before us today.
2. The writ petition was filed by a minor represented
by his mother, who is a student, who passed the Secondary School
Examination 2021 from the Central Board of Secondary Education.
It is stated that the petitioner submitted an online application for
admission to the Higher Secondary course (Plus One) (2021-2022)
the allotment for which is undertaken by the Directorate of Higher
Secondary Education of the State Government. It was the desire of
the petitioner to get admission to the Science Biology seat through
WA.1426 of 2021 & WP(C)No.23353 of 2021
the Central allotment process undertaken by the State Government
in one of the Government/aided schools in the State for which the
allotment process was managed by the State Government. It would
appear that the petitioner did not secure admission after completion
of two allotments and although the petitioner was entitled to be
considered in the subsequent allotment procedures, by way of
abundant caution he obtained admission to the Plus One course in
an unaided school the allotment to which is not carried out by the
State Government, but by the unaided school itself. The grievance
in the writ petition was essentially against the stand taken by the
second respondent that in view of the admission obtained by the
petitioner to the Plus One course in an unaided Higher Secondary
school, he could not be considered thereafter for allotment to the
Government and aided Higher Secondary schools under the Central
allotment procedure carried out by the State Government.
3. The learned Single Judge who considered the matter,
after going through the prospectus published by the Government on
12.08.2021 as also the various Government Orders relied on by the
Government Pleader, found that it was with a view to make the
admission to Higher Secondary schools in the State transparent,
simple and in compliance with the norms of social justice that the
WA.1426 of 2021 & WP(C)No.23353 of 2021
State Government had put in place the Single Window System for
admission to Plus One courses. A reference was made to Clause 3 of
the prospectus to find that the admission to the management,
community and unaided seats was to be done by the respective
managements and the students seeking admissions to such seats
were also required to approach the school concerned directly for
securing admissions to such seats. It was found that the application
for Single Window System could not be used for admission to the
management/community/unaided quota seats. Relying on the said
provisions in the prospectus, the learned Single Judge found that in
as much as the petitioner had not secured admission through the
allotment as per the Single Window System to a Plus One course in
any aided or Government Higher Secondary School, the mere fact
that he had secured admission in an unaided school could not work
his disadvantage while considering his candidature for admission to
the Government/aided Higher Secondary schools through the
centralised allotment procedure, and based on his ranking in the
merit list. The Government was directed to accept the application
preferred by the petitioner for allotment to the Government/ aided
Higher Secondary schools and process the same in terms of the
various clauses in the prospectus.
WA.1426 of 2021 & WP(C)No.23353 of 2021
4. It is against the said interim order that the
Government has come up in appeal before us contending inter alia
that the admission obtained by the writ petitioner in an unaided
school effectively prevents him from seeking admission to a Plus
One course in a Government/aided Higher Secondary school
pursuant to the allotment under the centralised allotment
procedure. Reliance is placed on the decisions rendered by various
forums in the context of self financing MBBS/BDS courses to
contend that if a student awaiting allotment under the centralised
allotment scheme chooses to get admission in a self financing
institution then he cannot later renege from that position and seek a
transfer to another institution under the Government sector.
5. We find ourselves unable to accept the contention
of the learned Government Pleader, placing reliance on the
judgments rendered in the context of self financing MBBS/BDS
courses. Firstly, even as per the prospectus in the instant case the
power of the Government to make allotments is reserved only in
respect of Government/aided Higher Secondary schools and to seats
in the Plus One courses in the said schools. The condition that
stipulates that a student who has already secured admission in a
school cannot seek an allotment to any other school can apply only
WA.1426 of 2021 & WP(C)No.23353 of 2021
in respect of allotments made to a Government or Aided school,
since those are the schools to which the Government can make
allotments. Such conditions/restrictions in the matter of allotment
cannot have any application when the admission obtained by a
student is in an unaided Higher Secondary schools where the State
Government has no role to play in the allotment process. We are
therefore, in agreement with the view expressed by the learned
Single Judge that the mere fact that the writ petitioner had obtained
admission in an unaided Higher Secondary school could not have
the effect of denying him the benefit of applying for a seat in the
Plus One course in any of the Government/aided Higher Secondary
schools in the State.
6. We therefore, dispose the writ appeal, as also the writ
petition, by making the interim order impugned in the writ appeal
absolute and directing the appellants in the writ appeal to forthwith
consider the application preferred by the writ petitioner for
allotment of seat in a Plus One course in the Government/aided
Higher Secondary schools in the State. The application of the writ
petitioner shall be considered in the allotment procedure that
commenced on 28.10.2021 and based on the position of the
petitioner in the rank list prepared in connection with the allotment
WA.1426 of 2021 & WP(C)No.23353 of 2021
procedure.
The learned Government Pleader shall communicate the
gist of the directions in this judgment to the appellants for
immediate compliance.
Sd/-
A.K.JAYASANKARAN NAMBIAR,
JUDGE
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
dlk 03.11.2021
WA.1426 of 2021 & WP(C)No.23353 of 2021
APPENDIX OF WP(C) 23353/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF MARKS STATEMENT CUM
CERTIFICATE DATED 3-08-2021 ISSUED FROM
CENTRAL BOARD OF SECONDARY EDUCATION DELHI
Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION OF THE
PETITIONER
Exhibit P3 TRUE COPY OF NOTIFICATION NO. ICT
CELL/1771/1/DGE-HSS/2021 DATED 25-10-2021
ISSUED BY 3RD RESPONDENT FOR SUBMITTING
APPLICATION FOR SUPPLEMENTARY ALLOTMENT
Exhibit P4 TRUE COPY OF PHOTOGRAPHS OF CANDIDATE
LOGIN 2021-2022 OF THE PETITIONER.
Exhibit P5 TRUE COPY OF PHOTOGRAPH SHOWING THE RESULT
OF LOGIN OF THE PETITIONER.
WA.1426 of 2021 & WP(C)No.23353 of 2021
APPENDIX OF WA 1426/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF PROSPECTUS FOR THE YEAR
2021-22 FOR SINGLE WINDOW SYSTEM FOR
ADMISSION TO PLUS ONE.
