Kerala High Court
Midhlaj V.V vs State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 18256 OF 2024
PETITIONER(S)
MIDHLAJ V.V, AGED 18 YEARS, S/O. ABDUL MAJEED V.V.,
VARIKKUNNATH VALAPIL HOUSE, KAPPUR P.O., PALAKKAD
DISTRICT, PIN - 679552
BY ADVS.
JERRY PETER
AHAMMAD SACHIN K.
RESPONDENT(S):
1 STATE OF KERALA
REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, STATUE JUNCTION,
THIRUVANANTHAPURAM GENERAL.P.Ο., THIRUVANANTHAPURAM
DISTRICT,, PIN - 695001
2 THE CHAIRMAN, DIRECTORATE OF GENERAL EDUCATION, HOUSING
BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM
GENERAL.P.Ο., THIRUVANANTHAPURAM DISTRICT,, PIN -
695001
3 THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM
DISTRICT,, PIN - 695001
4 JOINT DIRECTOR OF EXAMINATION DIRECTORATE OF GENERAL
EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM GENERAL.P.Ο., THIRUVANANTHAPURAM
DISTRICT,, PIN - 695001
5 THE PRINCIPAL, M.V.M. RESIDENTIAL HIGHER SECONDARY
SCHOOL, VALAYAMKULAM, KOKKUR.P.O., MALAPPURAM
DISTRICT,, PIN - 679591
OTHER PRESENT:
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.18256 of 2024
2
ZIYAD RAHMAN A.A., J.
------------------------------
W.P(C) No.18256 of 2024
--------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The Petitioner, who is a student of MVM HSS, Valayamkulam
during the academic year 2021-2022 to 2022-2023 for higher
secondary, has approached this Court seeking the following reliefs:-
"i. issue a writ of mandamus or any other appropriate writ or
direction to 3rd respondent to declare the results of the petitioner
combining the best score attained by the petitioner in the first
year higher secondary examination held in 2022 and in the second
year higher secondary examination held in 2024.
ii. issue a writ of mandamus or any other appropriate writ or
direction to 3rd respondent to issue the mark list of the petitioner
considering the best score attained by the petitioner.
iii. issue a writ of mandamus or any other appropriate writ or
direction to 3rd respondent to allow the petitioner to retain their
original mark secured in the first year higher secondary
examination in the year 2022.
iv. issue a writ of mandamus or any other appropriate writ or
direction to the 4th respondent to consider Exhibit P7
representation submitted by the petitioner.
v. dispense with the production of English translation of
vernacular documents
vi. grant such other reliefs which this Honourable Court may
deem fit and proper in the circumstances of the case."
2. The grievances of the petitioner are as follows:-
The petitioner appeared for the regular examination for the
standards XI and XII. Exhibits P1 and P2 are the mark lists
evidencing the same. As he was not satisfied with the marks
obtained,he submitted an application to attend the improvement
examination. In the improvement examination so attended by him,
for the first year Physics examination, the marks which the petitioner
secured were lesser than he secured in the regular examination.
However, while issuing Exhibit P6 combined mark list, the 4 th
respondent, showed the lesser marks secured by the petitoner in the
improvement examination. The specific case of the petitioner is that,
the respondent ought to have shown the higher marks among both
the examinations. The writ petition is submitted in such
circumstances.
3. The learned counsel for the petitioner also places reliances
upon Exhibit P9 judgment passed by this Court, in which after
considering the very same issue in similar circumstances, it was held
that, the respondents should have taken the best marks among the
regular examination and the improvement examinations of the
petitioner therein.
4. After hearing the learned counsel for the petitioner and
learned government pleader, I am of the view that the issue raised
by the petitioner is covered as per Exhibit P9 judgment. Evidently,
the purpose of the improvement examination is to improve the marks
of the candidate, in case he could not secure higher marks in the
regular examination, and that will not permit the authorities to award
lesser marks to him, ignoring the higher marks obtained by him in
the regular examination. In such circumstances, I am of the view
that the prayer sought by the writ petition is only to be allowed.
Therefore this writ petition is disposed of directing the 3 rd and
4th respondents, to issue a fresh mark list showing the best of the
marks obtained by the petitioner in regular examinations and the
improvement examinations conducted. Such mark list shall be
provided, within a period of two weeks from the date of production of
a copy of this judgment.
This writ petition is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
Anu
APPENDIX OF WP(C) 18256/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MARK LIST ISSUED BY THE
3RD RESPONDENT IN THE FIRST YEAR HIGHER
SECONDARY EXAMINATION IN THE YEAR 2022
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
3RD RESPONDENT IN THE SECOND YEAR HIGHER
SECONDARY EXAMINATION IN THE YEAR 2023
Exhibit P3 TRUE COPY OF THE EXAMINATION RESULTS DATED
21.07.2023 DOWNLOADED FROM THE WEBSITE
Exhibit P4 TRUE COPY OF THE NOTIFICATION NO.EX-II-
1/9200/HSE/2023 DATED 11/08/2023 FOR FIRST
YEAR HIGHER SECONDARY IMPROVEMENT
EXAMINATION
Exhibit P5 TRUE COPY OF THE ADMISSION TICKET ISSUED
TO THE PETITIONER FROM THE DIRECTORATE OF
GENERAL EDUCATION, HIGHER SECONDARY
EXAMINATION
Exhibit P6 TRUE COPY OF THE RESULT OF HIGHER
SECONDARY EXAMINATION PUBLISHED IN THE
WEBSITE
Exhibit P7 TRUE COPY OF THE REPRESENTATION GIVEN TO
THE 4TH RESPONDENT DATED 13.05.2024
Exhibit P8 TRUE COPY OF THE LETTER GIVEN BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT DATED
12.05.2024
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.24129 OF 2023 DATED 02.08.2023 PASSED
BY THIS HONOURABLE COURT
