Kerala High Court
Divit.P, (Minor), Represented By ... vs State Of Kerala, Represented By ... on 3 June, 2022
WP(C) No.17162/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
WP(C) NO. 17162 OF 2022 (U)
PETITIONER:
DIVIT.P, S/O. PRAKASAN. P. P., AGED 17 YEARS (MINOR), STUDENT OF
CLASS XI-C, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL,
KODUVALLY, THALASSERY, RESIDING AT RAJAS, MELUR.P.O, PALAYAD,
THALASSERY TALUK, KANNUR DISTRICT, PIN-670661, REPRESENTED BY MOTHER
AND GUARDIAN MRS.RAJASREE, D/O. PRAKASH, AGED 50 YEARS, RESIDING AT
RAJAS, MELUR.P.O, PALAYAD, THALASSERY TALUK, KANNUR DISTRICT
PIN-670661
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX,
THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
VOCATIONAL HIGHER SECONDARY WING, JAGATHI, THIRUVANANTHAPURAM-695014
3. THE CHAIRMAN, HIGHER SECONDARY EXAMINATION BOARD,
THIRUVANANTHAPURAM-695001
4. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY
EDUCATION, REGIONAL OFFICE, PAYYANNUR, KANNUR DISTRICT. PIN - 670307
5. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL,
KODUVALLY, P.O.THALASSERY, KANNUR DISTRICT-670101
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to sanction and provide the benefit of
concession to the petitioner in the form of assistance of scribe and extra
time, in the First Year Higher Secondary (Vocational) Examination for the
academic year 2021-22 to be conduced from 13-06-2022, pending disposal of
this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
31.05.2022 and upon hearing the arguments of SRI.R.SURENDRAN, Advocate for
the petitioner and of GOVERNMENT PLEADER for the Respondents, the court
passed the following:
WP(C) No.17162/2022 2/3
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.17162 of 2022
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Dated this the 3rd day of June, 2022
ORDER
When the matter had come up on 31.05.2022, after hearing the learned counsel
appearing for the petitioner and the learned Government Pleader, this Court had
passed the following order.
"Sri.R.Surendran, the learned counsel appearing for the
petitioner, submits that the petitioner herein is a person with 25%
disability and has been assessed as a person with Borderline
Intelligence. The learned counsel points out that the request made by
the petitioner for providing a scribe and for grant of extra time was
rejected by Ext.P5. It is pointed out that by judgment dated 20.2.2020
in W.P.(C) No.4499 of 2020, a learned Single Judge of this Court has
held that even a person suffering from a disability is entitled to the
benefit of Section 17(i) of the Act and it is not necessary that a person
should be suffering from benchmark disabilities, which was upheld by
the Division Bench.
Today, when the matter was taken up, the learned Government Pleader sought
further time to get instructions.
Having regard to the submissions advanced, there will be an interim order, as
prayed for.
Post after a month.
Sd/-
RAJA VIJAYARAGHAVAN V,
IAP JUDGE
03-06-2022 /True Copy/ Assistant Registrar
WP(C) No.17162/2022 3/3
Exhibit P5 TRUE COPY OF THE ORDER DATED 4-5-2022 ISSUED BY THE 4TH
RESPONDENT WITH TRANSLATION
