Citation : 2025 Latest Caselaw 7185 Ker
Judgement Date : 25 June, 2025
2025:KER:45814
WP(C) NO. 18595 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 25TH DAY OF JUNE 2025 / 4TH ASHADHA, 1947
WP(C) NO. 18595 OF 2025
PETITIONER/S:
NIYA S.R.
AGED 18 YEARS
D/O. REKHA P.G., ANDOORKONATHU VEDDU, CHEMPALA,
ANDOORKONAM P.O., THIRUVANANTHAPURAM DISTRICT., PIN -
695584
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS' PRINCIPAL SECRETARY DEPARTMENT OF
HIGHER EDUCATION, IST FLOOR, ANNEX-II, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT., PIN - 695001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM DISTRICT., PIN - 695001
3 JOINT COMMISSIONER (ACADEMIC)
O/O. OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 7TH
FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM DISTRICT., PIN - 695001
4 RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY
RAJADHANI HILLS, NAGAROOR, ATTINGAL, THIRUVANANTHAPURAM
2025:KER:45814
WP(C) NO. 18595 OF 2025
2
DISTRICT, REP. BY ITS' PRINCIPAL, PIN - 695102
BY ADVS.
GOVERNMENT PLEADER
SRI.C.P.SAJI
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:45814
WP(C) NO. 18595 OF 2025
3
JUDGMENT
The present writ petition has been filed with the following
prayers:-
"i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 2 and 3 to conduct a special re-examination for the petitioner for the Engineering Entrance Examination (KEAM 2025), in a fair, technically sound, and glitch-free manner, within a time frame to be stipulated by this Hon'ble Court; ii. Issue a writ of mandamus or appropriate direction directing respondents 2 and 3 to award proportionate marks to the petitioner for the 20 questions left unanswered solely due to loss of time caused by repeated system failures, by calculating the average marks secured by the petitioner in the 120 questions she was able to attempt, and adding such proportionate marks to her total score;
iii. Declare that the conduct of the KEAM 2025 examination in the case of the petitioner was fundamentally vitiated by technical malfunctions, procedural lapses, and administrative failure, thereby violating the petitioner's fundamental rights under Articles 14 and 21 of the Constitution of India;
iv. Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 and 3 to pay compensation of Rs. 10,00,000/- (Rupees Ten Lakhs only) or such other amount as this Hon'ble Court may deem just and appropriate, to the petitioner, towards the loss of academic opportunity, mental agony, and emotional distress caused by the negligent conduct of the KEAM 2025 examination;
v. Direct the respondents to take disciplinary action against those responsible for the mismanagement at the 4th respondent institution and for the failure to provide prompt relief or accurate reporting in response to the petitioner's complaints;
vi. Direct the respondents to frame and enforce Standard Operating Procedures (SOPs) and real-time technical monitoring mechanisms for ensuring the fair and glitch- free conduct of future computer-based entrance examinations;
2025:KER:45814 WP(C) NO. 18595 OF 2025
vii. Award costs of these proceedings to the petitioner; and viii. Grant such other and further reliefs as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case and in the interest of justice."
2.The petitioner participated in the entrance examination
test (KEAM 2025) of the State Government for taking admission
in the Engineering Course
3.The grievance of the petitioner is that the petitioner
could not take part in the fifteen-minute session for familiarizing
the exam process because of the defect in the computer system
made available to the petitioner, and because the petitioner
could not familiarize herself in the examination, she did not
perform to her expectations.
4.The Commissioner for Entrance Examinations has filed
the counter affidavit, submitted that the students who were
issued with the admit cards were admitted to the computer lab
after registration. A mock test of the exam began at 01:45 PM.
When this office checked the petitioner's Login activity, it was
understood that she logged in on 27.04.2025 at 13.26 PM and
logged out at 13.54 PM due to a technical issue. Then again, it 2025:KER:45814 WP(C) NO. 18595 OF 2025
is seen that she logged in at 13.57 PM and logged out at 13.59
PM. The actual exam started at 02.00 PM. After logging in again
at 02.01 PM, the petitioner was able to complete the exam by
05.00 PM without any interruption.
5.Thus, the 02nd respondent has stated that there was an
initial problem with the computer and the petitioner may have
lost some time for the mock test. However, there was no
technical glitch so far as the main examination was concerned,
and the petitioner had logged in at 02:01 PM and logged out
after the time for the exam was over at 05:00 PM on 27.04.2025.
6.The submission of the learned counsel for the petitioner
that since the petitioner could not fully participate in the mock
test, she had not been able to perform satisfactorily does not
have any basis except a mere assumption. The exams were held
in the entire State, except for the petitioner; nobody has
approached this court with such a problem. Only for the
petitioner, a fresh examination cannot be conducted where the
petitioner has not lost any time for her main examination.
In view thereof, I do not find substance in this writ petition 2025:KER:45814 WP(C) NO. 18595 OF 2025
for the prayer made in this writ petition, which is hereby
dismissed.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:45814 WP(C) NO. 18595 OF 2025
APPENDIX OF WP(C) 18595/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SSLC CERTIFICATE DATED 19.05.2023 ISSUED TO THE PETITIONER BY THE SECRETARY, BOARD OF PUBLIC EXAMINATION, KERALA Exhibit P2 TRUE COPY OF THE SCORE SHEET DATED 28.05.2024 ISSUED TO THE PETITIONER BY THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATION, GOVERNMENT OF KERALA Exhibit P3 TRUE COPY OF THE JEE (MAIN)- 2025 NTA SCORE OF THE PETITIONER Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES-2025 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE KEAM 2025- ADMIT CARD ISSUED TO THE PETITIONER Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 29.04.2025 ALONG WITH THE TYPED COPY SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE EMAIL DATED 12.05.2025 ALONGWITH THE TYPED COPY SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S MOTHER Exhibit P8 TRUE COPY OF THE LETTER DATED 13.05.2025 ALONGWITH THE TYPED COPY ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P9 TRUE COPY OF THE EMAIL DATED 13.05.2025 SENT BY THE PETITIONER TO THE 3RD RESPONDENT
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