Kerala High Court
Noushad Mukkali vs The State Of Kerala on 23 September, 2021
WP(C) NO. 18089 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 18089 OF 2021
PETITIONER:
NOUSHAD MUKKALI
AGED 44 YEARS
S/O.HASSAN, MUKKALI HOUSE, AITTANDI POOVALAPPU,
KANNUR DT. - 670 003.
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
ASHRAF A.M
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695
001.
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
PUZHATHI HOUSING COLONY, KANNUR DISTRICT - 670 002.
4 THE HEAD MASTER
THE GOVERNMENT CITY HIGHER SECONDARY SCHOOL, KANNUR
DISTRICT - 670 010.
5 THE DISTRICT EDUCATION OFFICER
THAVAKKARA, KANNUR DISTRICT - 670 002.
6 THE COMMISSION FOR GOVERNMENT EXAMINATIONS
COMMISSIONER FOR GOVERNMENT EXAMINATIONS,
WP(C) NO. 18089 OF 2021 2
PAREEKSHABHAVAN, POOJAPURA,
THIRUVANANTHAPURAM - 695 012.
SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18089 OF 2021 3
JUDGMENT
Master Muhammed Nihad M., the son of the petitioner, was a student of
the Government City Higher Secondary School, Kannur. He had appeared for
the SSLC examination held during March 2021. He was able to secure pass
marks in all subjects except Physics. For Physics, Muhammed Nihad was able
to obtain only a 'D' Grade. This fact would be evident from Ext.P2 result sheet.
2. The 4th respondent conducts the Kerala SSLC SAVE A YEAR (SAY)
exam every year for those candidates who were unable to clear the regular
board exams on their first attempt. Students are required to apply for Kerala
supplementary exams by paying the required fees. Regular students can only
appear for one subject in the Improvement exams. Candidates are required to
pay an exam fee of Rs. 100/- if they aspire to appear for an improvement
exam.
3. The son of the petitioner had no alternative but to apply for the SAY
examination to save him from losing an academic year. He is stated to have
approached the Headmaster of the School and presented Ext.P3 before him on
29.7.2021. Ext.P3 would show that the Headmaster has affixed his signature
on the application. Ext.P4 challan would show that the petitioner had remitted
a sum of Rs. 100/- towards the requisite fees. The Child was under the
impression that his application would be registered and he could very well
appear for the improvement exam, which was scheduled to be held in the
month of August.
4. The petitioner states that on 17.08.2021, the son of the petitioner
appeared at the Municipal Higher Secondary School, Kannur, for attending the
SAY examination. He was shocked to find that his name was not included in
the Register of candidates.
5. On further enquiry, the petitioner came to understand that the 4th
respondent, instead of registering the application, had returned the same back
to the son of the petitioner and he was directed to produce it before the
examination centre on the date of examination and the child was assured that
he would be able to write the exam. The unfortunate student took the word of
the Headmaster for granted.It was only when he appeared at the examination
centre that he realized that the Headmaster had not registered the application.
Aghast at the turn of events, the petitioner is stated to have submitted Ext.P6
and P7 representations before the respondents. The grievance of the
petitioner is that no action has been taken till date. According to the
petitioner, the gross dereliction of duty on the part of the 4th respondent has
resulted in his son suffering a grave misfortune. His son is likely to lose a
valuable academic year. It is in the afore circumstances that the petitioner is
before this Court seeking the following reliefs:
(i) To issue a writ of mandamus or any other order or direction directing
the Respondents to provide an opportunity to petitioner's son Muhammed
Nihad M to write a SAY examination before the completion of admission
process to the Higher Secondary courses.
(ii) To issue a writ of mandamus or any other order or direction directing
the respondents No.1 to 3 and 5 and 6 to dispose of the Exhibits P5 to P7
representations submitted by the petitioner and take immediate action
against the responsible officials who are instrumental in denying the
petitioner's son Muhammed Nihad M an opportunity for appearing in the
SAY examination conducted on 17.08.2021.
6. Sri. Muhammed Shafi M., the learned counsel appearing for the
petitioner submitted SAY confers a valuable opportunity to a student to make
a last-ditch effort to save a year. It is contended that the student had done
what was required from his side and this would be evident from Exhibit P3 and
P4. According to the learned counsel, as the Plus one admission to the
Government and aided schools have commenced, the son of the petitioner
cannot aspire to secure admission in any of such schools. He contends that if
an opportunity is granted and Mohamed Nihad is able to secure a pass, he
may be able to pursue higher education at least in the private stream or other
avenues.
7. The learned Government Pleader, on instructions, submitted that on
receipt of the representation filed by the petitioner herein, reports were called
for from the DEO as well as the DDE. The Headmaster was also directed to
furnish a report by the DGE. Enquiry revealed that the Headmaster had
entrusted the application with the son of the petitioner and he was directed to
submit the same before the authorities. It is fairly submitted by the learned
Government Pleader that the son of the petitioner cannot be faulted in the
facts and circumstances.
8. I have anxiously considered the submissions advanced and have
perused the records. It is undisputed that the son of the petitioner had
submitted an application for improving his physics exam and had remitted the
requisite fees. The endorsement by the Headmaster on 29.7.2021
substantiates the said fact. As the Headmaster, a duty was cast upon him to
ensure that the student of the school who had failed to secure pass marks for
a paper, is afforded the solitary opportunity granted by the education
authorities, to clear the paper, so that he can pursue higher education without
losing a year. In the facts and circumstances, whatever be the explanation
offered by the 4th respondent, the child is likely to lose a year.
9. Having considered the entire facts and circumstances, and in view of
the peculiar facts, I am of the view that this is a fit case wherein directions
can be issued to the 6th respondent to afford an opportunity to the son of the
petitioner to write the Physics paper for the SSLC examination 2021. I do not
think that it would be an uphill task for the 6th respondent to make necessary
arrangements so that the child may not lose an academic year.
10. Resultantly, there will be a direction to the petitioner to submit a
copy of Exhibit P3 and P4 before the 6th respondent within a period of one
week from 24.9.2021. The 6th respondent shall make appropriate
arrangements to enable the son of the petitioner, Mohammed Nihad M, to
improve on his Physics paper for the SSLC examination 2021.The entire
exercise shall be completed, at any rate, within a period of two months from
today.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 18089/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ADMISSION TICKET ISSUED
BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF RESULT (GRADE SHEET).
Exhibit P3 TRUE COPY OF THE DULY FILLED APPLICATION
FOR SAY EXAMINATION RECOMMENDED BY THE 4TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE CHALAN DATED 29/07/2021
AND RETAINED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
TO THE 3RD RESPONDENT DATED 18/08/2021.
Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED
TO THE HON'BLE MINISTER FOR GENERAL
EDUCATION DATED 25/08/2021.
Exhibit P7 TRUE COPY OF THE REPRESENTATION ALONG WITH
THE RECEIPT DATED 24/08/2021 SUBMITTED BY
THE PETITIONER TO THE 6TH RESPONDENT.
