Kerala High Court

Jayakrishnan R vs Commissioner Of Examinations on 4 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                   WP(C) NO. 19923 OF 2024
PETITIONER/S:

    1     JYOTHI LEKSHMI S,AGED 29 YEARS
          D/O SELVARAJ P, JYOTHIBHAVANAM, ARUVAPPULAM, KONNI
          P.O, PATHANAMTHITTA, PIN - 689691

    2     NIDHINRAJ P,AGED 37 YEARS
          S/O RAJENDRAN M K, POYILIL (H), ULLIYERI (PO),
          KOYILANDY, KOZHIKODE, PIN - 673620

    3     MAYA C.M, AGED 29 YEARS
          D/O MANI C.R, PALAKKAL (H), CHELOOR, IRINJALAKUDA,
          THRISSUR, PIN - 680121

    4     SALINI KODUMPUZHA, AGED 37 YEARS
          W/O SURENDRAN MELEMANGAD, KARACHAL MAMBAD,
          PULLIPPADAM P.O, MALAPPURAM, PIN - 676542

    5     HAFIYA MOL ADIYATTIL,AGED 30 YEARS
          W/O, FAHADMON P.P, ADIYATTIL (H) PARAVANNUR,
          KALPAKANCHERY, MALAPPURAM, PIN - 676551

    6     SARASWATHI V,AGED 40 YEARS
          W/O PRASANTH, VAKKADAN (H), KEEZHUR KUNNU P.O,
          IRITTY, THALASSERI, KANNUR, PIN - 670703

    7     SARANYA K.K,AGED 35 YEARS
          C/O AJITH, PUTHAN PEEDIKAYIL, CHELAKKAD POST,
          NADAPURAM, KOZHIKODE, PIN - 673506

    8     LETHA KUMARI M.B,AGED 42 YEARS
          D/O BALAKISHNAN M, AGALI MELE OORU, AGALI P.O,
          PALAKKAD, PIN - 678581

    9     SAJHANAMOL A,AGED 26 YEARS
          C/O JAMSHAD P.C, PARA CHOLAKUZHI (H),
          EDAVANNAPPARA, CHERUVAYOOR POST, VAZHAKKAD,
          MALAPPURAM, PIN - 673645
   10     RIYA MATHAI,AGED 35 YEARS
          W/O ELDHO K THANKACHAN, KARUTHEDATH (H),
          MORAKKALA, KUMARAPURAM P.O, KUNNATHUNAD,
 W.P.C Nos. 19923 and 19969 of 2024

                                     2

           ERNAKULAM, PIN - 683565

           BY ADVS.
           J.JULIAN XAVIER
           FIROZ K.ROBIN
           JOSE. V.V. (THENGATHARA)
           ROY JOSEPH
           ANIES MATHEW
           NIRMAL KURIEN EAPEN
           CHRISTEENA AUGUSTINE



RESPONDENT/S:
    1     COMMISSIONER OF EXAMINATIONS
          GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER
          FOR GOVERNMENT EXAMINATIONS, POOJAPURA,
          THIRUVANANTHAPURAM, PIN - 695012

     2     SECRETARY
           OFFICE OF THE COMMISSIONER FOR GOVERNMENT
           EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN -
           695012

     3     STATE OF KERALA
           REP. BY ITS SECRETARY, GENERAL EDUCATION
           DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695033



           ADV NISHA BOSE-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).19969/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.C Nos. 19923 and 19969 of 2024

                                     3



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                      WP(C) NO. 19969 OF 2024
PETITIONER/S:

     1     JAYAKRISHNAN R,AGED 36 YEARS
           S/O, RADHAKRISHNAN NAIR, AMBADI, PALEMAD,
           EDAKKARA, MALAPPURAM, PIN - 679331

     2     NIDHIN SREEPURAM,AGED 36 YEARS
           S/O CHANDRASEKHARAN, SRUTHI (H), PURAMERI (PO),
           VADAKARA, KOZHIKODE, PIN - 673503

     3     RESHMA K AGED 33 YEARS
           W/O SATHEESAN NAIR, THOOVAL (H), MYLATTI P.O,
           BARE, KASARGOD, PIN - 671319

     4     SARIGA SADANANDAN,AGED 30 YEARS
           D/O SADANANDAN, KUNHIPARAMBATH, POOKOM, CHAMPAD
           P.O, MOKERI, KOORARA, KANNUR, PIN - 670694

     5     SILPA MATHEW,AGED 29 YEARS
           D/O MATHEW, PARAMTHOTTATHIL, VELLAD P.O, KANNUR,
           PIN - 670571

     6     SREEVIDHYA R,AGED 27 YEARS
           D/O SIVANI S, SREE BHAVANAM, PUTHENCHANDA,
           PANMANA, CHAVARA, KOLLAM, PIN - 691583

     7     ELSAMMA VARGHESE,AGED 46 YEARS
           D/O VARGHESE, PALLIPARAMBIL (H), PUNNAPRA PO,
           ALAPPUZHA, PIN - 688004
     8     AKHILA T,AGED 35 YEARS
           W/O RAKESH K, SREEKRISHNA, KELEMPADAM, KARAD,
           WANDOOR, MALAPPURAM, PIN - 679339
 W.P.C Nos. 19923 and 19969 of 2024

                                      4

             BY ADVS.
             J.JULIAN XAVIER
             FIROZ K.ROBIN
             JOSE. V.V. (THENGATHARA)
             ROY JOSEPH
             ANIES MATHEW
             NIRMAL KURIEN EAPEN
             CHRISTEENA AUGUSTINE
             THOMAS P.B.



RESPONDENT/S:

     1       COMMISSIONER OF EXAMINATIONS
             GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER
             FOR GOVERNMENT EXAMINATIONS, POOJAPURA,
             THIRUVANANTHAPURAM, PIN - 695012

     2       SECRETARY
             OFFICE OF THE COMMISSIONER FOR GOVERNMENT
             EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN -
             695012

     3       STATE OF KERALA
             REP. BY ITS SECRETARY, GENERAL EDUCATION
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
             695033

             ADV NISHA BOSE-GP


      THIS    WRIT   PETITION        (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 04.06.2024, ALONG WITH WP(C).19923/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.C Nos. 19923 and 19969 of 2024

                                       5


                                 JUDGMENT

The petitioners in these cases have approached this Court

being aggrieved by the denial of marks to question No.63 in the

question paper for the examination for K-TET conducted by the 1 st

respondent in March 2023. The relevant question was as follows:

" A tool which is not commonly found in a First Aid Kit".

In all these cases the petitioners have answered the same as

'Safety pin', whereas as per the answer key it was 'Stethoscope',

the serial No.3. Despite the fact that the answer given by the

petitioners was also a possible answer, the marks for the same

were denied to the petitioners.

2. The writ petition was submitted in such circumstances

seeking the following reliefs.

"i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to cancel the question 'A tool which is not commonly found in a First Aid Kit?' that was asked in the K-TET Examination Category

- I, that was held on 30.05.2023 in all the 4 sets of question papers viz. Set-A, Set-B, Set-C and Set-D, pursuant to Ext.P1 notification by invoking clause 17 of Ext.P1 notification.

ii. Direct the 1st respondent to grant 1 mark each to the petitioners herein for the K-TET Examination that was held W.P.C Nos. 19923 and 19969 of 2024

on 30.05.2023 in case they have written the answer as 'safety pin' to the question 'A tool which is not commonly found in a First Aid Kit?' and issue certificates stating that petitioners have passed K-TET Examination conducted by the respondents 1 and 2.

iii. To grant such other reliefs that may be deemed just and proper by this Hon'ble Court.

iv. To award cost of these proceedings. v. To dispense with the filing of translation of vernacular document."

3. The learned counsel for the petitioner, brought the

attention of this Court to Ext.P10 judgment passed by a Division

Bench of this Court in Writ Appeal No.539/2024 wherein, the same

question was considered. In Ext.P10 judgment it was observed

after taking note of the expert opinion and the Kerala Motor

Vehicle Rules, the petitioner therein was entitled to one mark for

question No.63 for giving the answer mentioned in Serial No.2 of

the choices ie. Safety pin. In such circumstances, as the

petitioners being similarly situated persons are also entitled for

the said benefits. As there is no dispute that, the petitioners have

answered the question No.63, by giving the answer as Safety pin,

I am of the view that the petitioners are entitled to get one mark

for the said question. The 1st respondent is therefore directed to W.P.C Nos. 19923 and 19969 of 2024

grant one mark to the petitioners for question No.63, if the answer

given by the petitioners is 'Safety' pin, which is the serial No.2 in

the choices given to the petitioners.

With the above direction, these writ petitions are disposed

of.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk W.P.C Nos. 19923 and 19969 of 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION NO. EX/CGL(2)/2525/2023/CGE DATED 21.03.2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 1ST PETITIONER VIZ. JAYAKRISHNAN R, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (a) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 2ND PETITIONER VIZ. NIDHIN SREEPURAM, THE ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (b) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 3RD PETITIONER VIZ. RESHMA K, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (c) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 4TH PETITIONER VIZ. SARIGA SADANANDAN, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (d) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 5TH PETITIONER VIZ. SILPA MATHEW, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (e) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 6TH PETITIONER VIZ. SREEVIDHYA R, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (f) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 7TH PETITIONER VIZ. ELSAMMA VARGHESE, ISSUED BY THE 1ST RESPONDENT W.P.C Nos. 19923 and 19969 of 2024

Exhibit P2 (g) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 8TH PETITIONER VIZ. AKHILA T, ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER (QUESTION NO.63) TAKEN FROM SET-C OF CATEGORY-I PART-I OF K-TET EXAMINATION

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF KERALA MOTOR VEHICLES RULE, 1989

Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. A.K NAJEEB, LLB. M.TECH., MIE (PEN:134785), MOTOR VEHICLE INSPECTOR (HG), SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, PATHANAMTHITTA

Exhibit P6 COPY OF THE CERTIFICATE ISSUED BY SRI.

ISSAC THOMAS, MOTOR VEHICLES INSPECTOR, SUB RTO OFFICE, THODUPUZHA, PEN: 135581

Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. MOHANAN, JOINT REGIONAL TRANSPORT OFFICER, OTTAPALAM

Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY RIYAS M.P, PEN: 331008, MOTOR VEHICLES INSPECTOR, RTO (ENFORCEMENT KANNUR)

Exhibit P9 TRUE COPY OF THE CERTIFICATE ISSUED BY ADARSH S.R, ASSISTANT MOTOR VEHICLES INSPECTOR, RTO VADAKARA, ID NO.4091

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.05.2024 IN W.A NO.539/2024 W.P.C Nos. 19923 and 19969 of 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION NO.

EX/CGL(2)/2525/2023/CGE DATED 21.03.2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 1ST PETITIONER VIZ. JYOTHI LEKSHMI, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (a) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 2ND PETITIONER VIZ. NIDHINRAJ P, THE ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (b) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 3RD PETITIONER VIZ. MAYA C.M, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (c) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 4TH PETITIONER VIZ. SALINI KODUMPUZHA, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (d) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 5TH PETITIONER VIZ. HAFIYA MOL ADIYATTIL, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (e) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 6TH PETITIONER VIZ. SARASWATHI V, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (f) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 7TH PETITIONER VIZ. SARANYA K.K, ISSUED BY THE 1ST W.P.C Nos. 19923 and 19969 of 2024

RESPONDENT

Exhibit P2 (g) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 8TH PETITIONER VIZ. LETHA KUMARI M.B, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (h) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 9TH PETITIONER VIZ. SAJHANAMOL A, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (i) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 10TH PETITIONER VIZ. RIYA MATHAI, ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER (QUESTION NO.63) TAKEN FROM SET-C OF CATEGORY-I PART-I OF K- TET EXAMINATION IS

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF KERALA MOTOR VEHICLES RULE, 1989

Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. A.K NAJEEB, LLB. M.TECH., MIE (PEN:134785), MOTOR VEHICLE INSPECTOR (HG), SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, PATHANAMTHITTA

Exhibit P6 COPY OF THE CERTIFICATE ISSUED BY SRI.

ISSAC THOMAS, MOTOR VEHICLES INSPECTOR, SUB RTO OFFICE, THODUPUZHA, PEN: 135581

Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. MOHANAN, JOINT REGIONAL TRANSPORT OFFICER, OTTAPALAM

Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY RIYAS M.P, PEN: 331008, MOTOR VEHICLES W.P.C Nos. 19923 and 19969 of 2024

INSPECTOR, RTO (ENFORCEMENT KANNUR)

Exhibit P9 TRUE COPY OF THE CERTIFICATE ISSUED BY ADARSH S.R, ASSISTANT MOTOR VEHICLES INSPECTOR, RTO VADAKARA, ID NO.4091

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.05.2024 IN W.A NO.539/2024