Saman P vs State Of Kerala
2022 Latest Caselaw 7036 Ker

WP(C) NO. 18942 OF 2022           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                    WP(C) NO. 18942 OF 2022


PETITIONER/S:

    1     SAMAN P.,
          AGED 18 YEARS
          S/O ABDUL SHUKKOOR,
          PADIYATH HOUSE, THENGUVALAPP,
          VALLAPUZHA P.O, PALAKKAD 679 336.
    2     SAMAL P.,
          AGED 18 YEARS, S/O ABDUL SHUKKOOR,
          PADIYATH HOUSE,THENGUVALAPP,
          VALLAPUZHA P.O,PALAKKAD 679336.
    3     MOHAMED NASIF N,
          AGED 18 YEARS, S/O MUSTHAFA, NADIYADATH HOUSE,
          KURRUVATTOOR, VALLAPUZHA P.O, PALAKKAD 679 336.
    4     ANOOP.A.,
          AGED 18 YEARS
          S/O RAJENDRAKUMAR P.K, ADAVAKKATT HOUSE,
          VADANAMKURUSSI P. O, PALAKKAD 679 121.

          BY ADVS.
          ADHIL P.
          SHABEER ALI MOHAMED
          M.SRIRAM


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION (HSE WING),
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM 695 001.

    3     JOINT DIRECTOR EXAMINATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION (HSE
          WING), HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM 695 001.
 WP(C) NO. 18942 OF 2022                2



     4       PROGRAMME COORDINATOR (N.S.S. CELL)
             OFFICE OF THE DIRECTOR OF GENERAL EDUCATION (HSE
             WING), HOUSING BOARD BUILDING, SANTHI NAGAR,
             THIRUVANANTHAPURAM 695 001.

             BY SRI.PREMCHAND R. NAIR, SR.GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18942 OF 2022                      3



                                 JUDGMENT

The petitioners have approached this Court being aggrieved by the

delay on the part of the respondents in publishing the Circular with regard to

the grant of grace marks and for incidental reliefs.

2. On instructions, it is submitted by the learned Government Pleader

that during the academic year 2020-2021, as all the schools were closed down

to prevent the spread of the pandemic, the Government had taken a policy

decision not to grant any grace marks. It is further stated that for the

academic year 2021-2022, schools remained closed till the 1st of November,

and hence, the students did not get a proper opportunity to engage in any

extracurricular activities. In the said circumstances, the Government has

taken a policy decision not to grant any grace marks for the students for the

said academic year as well.

As the Government has taken a policy decision based on inputs

received from various quarters, I do not think that it would be for this Court to

interfere with the matter. This writ petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 18942/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE AFFIDAVIT ISSUED BY THE PRINCIPAL OF VALLAPUZHA HIGHER SECONDARY SCHOOL CERTIFYING THAT THE PETITIONERS WERE ACTIVE N.S.S. VOLUNTEERS Exhibit P2 TRUE COPY OF CIRCULAR ISSUED BY THE 4TH RESPONDENT REGARDING 7 DAY CAMP OF N.S.S. TO BE CONDUCTED AT HIGHER SECONDARY SCHOOL LEVEL DATED 18.12.2021 Exhibit P2(a) TRUE COPY OF CIRCULAR ISSUED BY THE 4TH RESPONDENT REGARDING N.S.S. ACTIVITY TO BE CONDUCTED AT HIGHER SECONDARY SCHOOL LEVEL DATED 28.09.2021 Exhibit P2(b) TRUE COPY OF CIRCULAR ISSUED BY THE 4TH RESPONDENT REGARDING N.S.S. ACTIVITY TO BE CONDUCTED AT HIGHER SECONDARY SCHOOL LEVEL DATED 17.01.2022 Exhibit P2(c) TRUE COPY OF CIRCULAR ISSUED BY THE 4TH RESPONDENT REGARDING N.S.S. ACTIVITY TO BE CONDUCTED AT HIGHER SECONDARY SCHOOL LEVEL DATED 16.12.2021.

Exhibit P3 TRUE COPY OF PHOTOGRAPH OF N.S.S. ACTIVITY CONDUCTED AT VALLAPUZHA HIGHER SECONDARY SCHOOL, PALAKKAD.

Exhibit P3 A TRUE COPY OF PHOTOGRAPH OF N.S.S. ACTIVITY CONDUCTED AT VALLAPUZHA HIGHER SECONDARY HIGH SCHOOL, PALAKKAD.

Exhibit P4 TRUE COPY OF LAST CIRCULAR REGARDING THE GRANT OF GRACE MARKS FOR 2ND YEAR HIGHER SECONDARY STUDENTS DATED 04.01.2019. Exhibit P5 TRUE COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(a) TRUE COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(b) TRUE COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL