Kerala High Court

Sakeer Ali T.E vs Commissioner Of Examinations on 11 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                   WP(C) NO. 20866 OF 2024
PETITIONER/S:

         SAKEER ALI T.E,AGED 30 YEARS
         S/O, ALAVIKKUTTY T.E, THOOMBATH EDAPPANATTU,
         OTHUKKUNGAL, MALAPPURAM, PIN - 676582

         BY ADVS.
         J.JULIAN XAVIER
         FIROZ K.ROBIN
         JOSE. V.V. (THENGATHARA)
         ROY JOSEPH
         ANIES MATHEW
         NIRMAL KURIEN EAPEN
         THASNIEEM BADARUDEEN
         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 11.06.2024, ALONG WITH WP(C).17678/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.C Nos. 17678 and 20866 of 2024

                                     2



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                      WP(C) NO. 17678 OF 2024


PETITIONER/S:

     1     PRINCY K FRANCIS
           AGED 33 YEARS
           D/O FRANCIS THOMAS, KOCHUKARIPAPPARAMBIL,
           KORUTHODU, PALLIPPADY, ERUMELI NORTH, KOTTAYAM,
           PIN - 686513

     2     ASWATHY A
           AGED 34 YEARS
           D/O AJITHKUMAR UNNITHAN, ASWATHY BHAVAN,
           VILANGARA, CHEPRA PO, UMMANNOOR, KOLLAM, PIN -
           691520

     3     SRUTHI P.K
           AGED 35 YEARS
           W/O SANIL P.T, PRASEENA NIVAS, KAPPIL P.O,
           WANDOOR, MALAPPURAM, PIN - 679328

     4     SAMEERA K.M
           AGED 31 YEARS
           D/O SULAIMAN K.M, KUNNIMARAKKARAKATH (H),
           KADAVANAD, PONNANI, MALAPPURAM, PIN - 679586

     5     AJEENA ASAINAR
           AGED 32 YEARS
           D/O ASAINAR M.M, MANGALAPARA, MANNANKALA, ADIMALY,
           IDUKKI, PIN - 685561

     6     FAYIZA C.P
           AGED 32 YEARS
           D/O ABDUL RAHMAN A, C P HOUSE, PULIMPARAMBA, NEAR
 W.P.C Nos. 17678 and 20866 of 2024

                                     3

           FOREST OFFICE, THALIPARAMBA P.O, KANNUR, PIN -
           670141

     7     GAYATHRI K
           AGED 24 YEARS
           D/O RAVIKUMAR P, KARIKAD, ELAYOOR, KAVANOOR,
           MALAPPURAM, PIN - 673639

     8     HARSHA K
           AGED 31 YEARS
           D/O BALAN K, KANNOOTTIPPARA, PALAPPUZHA,
           KAKKAYANGAD PO, MUZHAKKUNNU, KANNUR, PIN - 670703

     9     VYSHNAV K
           AGED 30 YEARS
           S/O KAILASAN, AKASH NIVAS, OLAVILAM P.O, KANNUR,
           PIN - 673313

           BY ADVS.
           J.JULIAN XAVIER
           FIROZ K.ROBIN
           JOSE. V.V. (THENGATHARA)
           ROY JOSEPH
           ANIES MATHEW
           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
 W.P.C Nos. 17678 and 20866 of 2024

                                     4

           DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695033


OTHER PRESENT:

           ADV SAROJINI K G -GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.06.2024, ALONG WITH WP(C).20866/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.C Nos. 17678 and 20866 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 to the petitioner herein for the K-TET Examination that was held on W.P.C Nos. 17678 and 20866 of 2024

30.05.2023 in case he has 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 petitioner has 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 petitioners, 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 that, 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. 17678 and 20866 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. 17678 and 20866 of 2024

APPENDIX OF WP(C) 17678/2024

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. PRINCY K FRANCIS, ISSUED BY THE 1ST RESPONDENT

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

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

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

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

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

Exhibit P2 (f) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 7TH PETITIONER VIZ. GAYATHRI K, ISSUED BY THE 1ST RESPONDENT

Exhibit P2 (g) TRUE COPY OF THE EXAMINATION RESULT OF CATEGORY NO.1 OF THE 8TH PETITIONER VIZ. W.P.C Nos. 17678 and 20866 of 2024

HARSHA K, ISSUED BY THE 1ST RESPONDENT

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

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER 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 19.03.2024 IN W.A NO.414/2024 W.P.C Nos. 17678 and 20866 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 PETITIONER 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 W.P.C Nos. 17678 and 20866 of 2024

INSPECTOR, RTO VADAKARA, ID NO.4091

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