Kerala High Court
Parent Teachers Association vs Director Of Public Instruction on 14 March, 2016
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
WP(C).No. 9652 of 2016 (F)
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PETITIONER(S):
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1. PARENT TEACHERS ASSOCIATION,
SMSN HIGHER SECONDARY SCHOOL, VAIKOM,
REPRESENTED BY PRESIDENT, SHRI.SHAJI MADAYIL.
2. VISHNU C.S. (MINOR), STUDENT, XTH STD.,
SMSN HIGHER SECONDARY SCHOOL,
VAIKOM, REPRESENTED BY HIS GUARDIAN
SHRI.C.K.SUDHARMMAN, CHIRAPPATT CHIRA,
PADINJAREKKARA P.O., VAIKOM.
3. RAJAN K.P. (MINOR), STUDENT, XTH STD.,
SMSN HIGHER SECONDARY SCHOOL, VAIKOM,
REPRESENTED BY HIS GUARDIAN, SHRI.PRAMOD,
KATTAYATH, T.V.PURAM P.O., VAIKOM.
4. ANANTHU RAMESH (MINOR), STUDENT, XTH STD.,
SMSN HIGHER SECONDARY SCHOOL, VAIKOM,
REPRESENTED BY HIS GUARDIAN, SRI.RAMESH.K.T,
ARAKKALPARAMBU, VAIKOM P.O.
BY ADVS.SRI.A.N.RAJAN BABU
SRI.P.GOPALAKRISHNAN (MVA)
SRI.A.R.EASWAR LAL
RESPONDENT(S):
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1. DIRECTOR OF PUBLIC INSTRUCTION,
VAZHUTHAKKAD,
THIRUVANANTHAPURAM-695 001.
2. DEPUTY DIRECTOR (I.E.D. CELL),
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,
VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001.
3. DISTRICT EDUCATIONAL OFFICER,
KADUTHURUTHY, KOTTAYAM-686 604.
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WP(C).No. 9652 of 2016 (F)
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4. PRINCIPAL
SMSN HIGHER SECONDARY SCHOOL,
VAIKOM, PIN-686 141.
R1 TO R3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 9652 of 2016 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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P1 : TRUE COPY OF THE RELEVANT EXTRACT OF CIRCULAR NO.EX/C/GENERAL
(1)/60000/2015/CGE, DTD.20.10.2015.
P2 : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF SHYNUMOL SHYLENDRAN.
P2(A) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF MUTHU K.
P2(B) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF SOORAJ M.S.
P2(C) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF RAHUL K.P.
P2(D) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ROHITH K.R.
P2(E) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AKSHAY PRASANTH.
P2(F) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF VISHNU C.S.
P2(G) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF YEDHU KRISHNAN V.S.
P2(H) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AKSHAY KUMAR K.S.
P2(I) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AMIN J.TOOFAN.
P2(J) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ANANDHU K.S.
P2(K) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AKHIL B.
P2(L) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AKSHAYA N.SHARMA.
P2(M) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF PRAMOD.
P2(N) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ARJUN P.R.
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WP(C).No. 9652 of 2016 (F)
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P2(O) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF DEVAHARI.
P2(P) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ARJUN V.R.
P2(Q) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF BIBIN K.O.
P2(R) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF JISHNU K.M.
P2(S) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ANANDA KRISHNAN M.
P2(T) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF DEVAGIRI.
P2(U) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF SYAM VENU.
P2(V) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF UNNIKRISHNAN.
P2(W) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF SINO MANOHARAN.
P2(X) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF BRAHMADATHAN P.G.
P2(Y) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF KRISHNADAS T.V.
P2(Z) : TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF RAHUL P.S.
P2(A)(A): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF NIDHIN MADHU.
P2(A)(B): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF JISHNU SHAJI.
P2(A)(C): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AKHIL DEV P.S.
P2(A)(D): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ARJUN A.
P2(A)(E): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF SREERAG S.
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WP(C).No. 9652 of 2016 (F)
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P2(A)(F): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF PRAVEEN KUMAR T.P
P2(A)(G): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF SOORAJ R.
P2(A)(H): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF ANANDA KRISHNAN B.
P2(A)(I): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AKSHAY THANKACHAN.
P2(A)(J): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF VISHNU KARTHIKEYAN.
P2(A)(K): TRUE COPY OF THE MEDICAL CERTIFICATE OF SPECIFIC LEARNING
DISORDER AND MENTALLY RETARD OF AARDRA PRAKASH.
P3 : TRUE COPY OF THE LIST OF CANDIDATES FOR EXAMINATION.
P4 : TRUE COPY OF THE DISABILITY ASSESSMENT BOARD CERTIFICATE OF
4TH PETITIONER ISSUED FROM TALUK HEAD QUARTERS HOSPITAL,
VAIKOM.
P5 : TRUE COPY OF THE LIST OF 30 STUDENTS WHO ARE DENIED THE
EXAMINATION CONCESSION.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.9652 of 2016
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Dated this the 14th day of March, 2016
JUDGMENT
The first petitioner is the President of Parent Teachers Association. Petitioners 2 to 4 are the students. They seek assistance of Interpreters for extra time for writing S.S.L.C. Examination.
2. Learned Government Pleader, on instructions, submits that fourth petitioner has been given all benefits of the relevant Government Order including assistance of Interpreter. However, respondents 2 and 3 are given only extra time considering the nature of disability.
This Court is of the view that after adverting to the nature of the disability, the authority has granted only extra time. In such circumstances, this Court is of the view that it W.P.(C) No.9652 of 2016 2 is beyond the scope of judicial review to sit upon such decision. Further exams are underway and admittedly, examination of two papers are over. In that view of the matter, this Court need not interfere with this matter. However, the fourth petitioner shall be given all benefits as mentioned above.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln