Muhammed Hisham A.C (Minor) vs State Of Kerala
2022 Latest Caselaw 12361 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944


                    WP(C) NO. 41797 OF 2022


PETITIONER:

         MUHAMMED HISHAM A.C (MINOR)
         AGED 16 YEARS
         S/O. MANSOOR KINAKOOL, MISRIYAS, BISMI ROAD,
         SIDDIQUE NAGAR,
         IRIKKUR POST, KANNUR DISTRICT - 670593, THROUGH
         MOTHER AND NEXT FRIEND SMT. SHAHRUBAN AC, AGED 37,
         W/O. MANSOOR KINAKOOL, MISRIYAS, BISMI ROAD,
         SIDDIQUE NAGAR, IRIKKUR POST,
         KANNUR DISTRICT - 670593

         BY ADV K.M.FIROZ


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
         EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001

    2    THE DIRECTOR
         DIRECTORATE OF GENERAL EDUCATION,
         JAGATHI, THIRUVANANTHAPURAM
         PIN - 695014

    3    STATE COUNCIL FOR OPEN AND LIFE LONG EDUCATION
         (SCOLE)
         VIDHYA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM,
         PIN - 695012, REPRESENTED BY ITS EXECUTIVE DIRECTOR

    4    THE DIRECTOR
         THE STATE COUNCIL OF EDUCATION, RESEARCH AND
         TRAINING (SCERT), POOJAPURA, THIRUVANANTHAPURAM,
 W.P.(C) No.41797 of 2022       2


            PIN - 695014

    5       THE REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN
            SCHOOLING
            REGIONAL CENTRE, SIXTH FLOOR, KSHB BUILDING,
            PANAMPALLY NAGAR, ERNAKULAM, PIN - 682036

            BY ADV SRI.P.C.SASIDHARAN, SC, SCOLE-KERALA



            SMT NISHA BOSE, SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No.41797 of 2022           3




                                JUDGMENT

This writ petition is filed by the petitioner, a minor, through her next

friend and mother, being aggrieved by the non-consideration of the application

submitted by the petitioner for getting registered to the Secondary Education

Course conducted by the State Council for Open and Life Long Education

(SCOLE).

2. The petitioner states that he completed the Secondary School

Examination under the National Institute of Open Schooling in the month of

October 2021. He is only 16 years of age. He preferred Ext.P5 application

before the State Council of Education, Research and Training (SCERT) seeking

an equivalency certificate in order to enable him to register under SCOLE for

joining the Plus One course. The petitioner states that the Government of

Kerala has issued Ext.P3, G.O.(MS) No.4411/2019/GEd dated 24.10.2019 fixing

the cut-off age as 17 years to apply for equivalency certificate in respect of

those students who have completed Secondary Education by following the

syllabus prescribed by the National Institute of Open Schooling (NIOS).

According to the petitioner, this Court, in numerous cases, has held that the

fixation of the cut-off age as 17 years is arbitrary and illegal. Without

considering the application, the 2nd respondent has issued Ext.P9 notification

inviting applications for examination for appearing for the Higher

Secondary/Vocational Higher Secondary Examination for the year 2023.

According to the petitioner, the petitioner is also entitled to get himself

registered for the examination. It is in the afore circumstances that this writ

petition is filed seeking the following reliefs:

i) to declare that Ext.P3 Government Order is arbitrary as well as discriminatory and unconstitutional and ultra vires Constitution of India.

ii) to direct respondents 1 to 3 to accept the application for registration under SCOLE under Ext.P8 and to register the petitioner and to comply with all formalities therein and to permit him to apply and appear for examination under Ext.P9 and Ext.P8 without insisting on equivalency certificate or age bar by issuing a writ in the nature of mandamus or any other appropriate writ, order or direction.

iii) Alternatively, to direct the 4th respondent to issue equivalency certificate forthwith by issuing a writ in the nature of mandamus or any other appropriate writ, order or direction.

3. Sri.K.M.Firoz, the learned counsel appearing for the petitioner

submitted that the respondents should have expeditiously considered Ext.P5

application submitted by the petitioner on 01.08.2022 and ought to have issued

an equivalency certificate taking note of the fact that this Court, in numerous

petitions filed by students similarly placed as the petitioner, has taken a view

that Ext.P3 order to the extent of fixing the upper age limit as 17 years illegal.

4. In response, it is submitted by the learned Government Pleader

that, as is evident from Ext.P8, the last date for submission of application for

registration for admission to the 2022-2024 batch was 27.10.2022. The

petitioner failed to get himself registered on time. Exhibit P9 is the notification

inviting applications from students who got themselves registered in time to

appear for the I and II year examinations. The petitioner having failed to get

himself registered and undergo the course by following the curriculum, is not

entitled to appear for the examination. It is submitted that the last date for

submission of the application for writing the examination with fine of Rs. 600/-

was yesterday ie 22.12.2022.

5. I have considered the submissions advanced. I find that the last

date for applying for the SCOLE Kerala Higher Secondary Course, 2022-24

batch, had expired on 27.10.2022 and admittedly the petitioner did not get

himself registered for the course. Having failed to get himself registered, he

cannot apply for the examination as notified by Exhibit P9. In that view of the

matter, the petitioner cannot aspire to secure admission for the current

academic year as the said period has long expired. In that view of the matter, I

am not inclined to grant the relief sought.

If the petitioner seeks an equivalency certificate for securing admission

to the course for the next academic year and in case he does not cross 17

years, the petitioner shall be entitled to the benefit of Ext.P4 order passed in

identical cases.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP

APPENDIX OF WP(C) 41797/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE MARKS STATEMENT CUM CERTIFICATE HAVING ENROLLMENT NO.

M09040202001 DATED 14.01.2022 ISSUED BY THE DIRECTOR (EVALUATION), NATIONAL INSTITUTE OF OPEN SCHOOLING

Exhibit P2 TRUE COPY OF THE MIGRATION CUM TRANSFER CERTIFICATE DATED 14.01.2022 ISSUED BY THE DEPUTY DIRECTOR (EVALUATION), NATIONAL INSTITUTE OF OPEN SCHOOLING

Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER NO.

GO(MS) NO.4411/2019/GED DATED 24.10.2019 ISSUED BY THE DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 27.08.2021 IN W.P.(C) NO.17312 OF 2021 PASSED BY HONOURABLE HIGH COURT OF KERALA

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 01.08.2022 SUBMITTED BY PETITIONER TO THE DIRECTOR, SCERT, THIRUVANANTHAPURAM

Exhibit P6 TRUE COPIES OF THE DEMAND DRAFT SEND BY PETITIONER ALONG WITH EXHIBIT P5 DATED 27.07.2022

Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING DISPATCH OF EXHIBIT P5 AND EXHIBIT P6 BY REGISTERED POST TO THE DIRECTOR, SCERT, THIRUVANANTHAPURAM

Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 31.08.2022 ISSUED BY THE SCOLE, KERALA INVITING APPLICATIONS FOR PLUS ONE REGISTRATION

Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 01.12.2022 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION

RESPONDENTS' EXHIBITS:

NIL