Kerala High Court
Kerala Students Union(Ksu) vs State Of Kerala on 22 July, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.13820/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 22nd day of July 2021 / 31st Ashadha, 1943
WP(C) NO. 13820 OF 2021(S)
PETITIONER:
KERALA STUDENTS UNION(KSU), STATE COMMITTEE, INDHIRA BHAVAN,
VELLAYAMBALAM P.O., THIRUVANANTHAPURAM-695 010, REPRESENTED BY THE
STATE SECRETARY. P.H. ASLAM, AGED 29, S/O P.M. HANEEFA,
PANDIYALAPARAMBIL HOUSE, KUNNUSSERY, ATHANI P.O., ERNAKULAM-683
585.
RESPONDENT:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, 3RD FLOOR, ANNEX II, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. DIRECTORATE OF GENERAL EDUCATION, REPRESENTED BY ITS DIRECTOR,
JAGATHI, THIRUVANANTHAPURAM-695 014.
3. DIRECTORATE OF HIGHER SECONDARY EDUCATION, REPRESENTED BY ITS
DIRECTOR, HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.
4. KERALA PAREEKSHA BHAVAN, REPRESENTED BY ITS SECRETARY, POOJAPPURA,
THIRUVANANTHAPURAM-695 012.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to:
1. To direct the respondent 1 to 4 to continue with the policy of
awarding of grace marks for SSLC and Plus Two examinations in the academic
year 2020-2021 also.
2. To direct respondents 1 to 4 not to publish the results of SSLC
and Plus Two examinations till necessary steps are taken to award grace
marks to the deserving students who participated in extra-curricular
activities through Scouts and Guides, Student Police Cadet, National Cadet
Corps, Junior Red Cross, and National Service Scheme, till the disposal of
this writ petition.
P.T.O.
WP(C) No.13820/2021 2/8
3. To direct respondents 1 to 4 to stop all the further steps
subsequent to Exhibit P1 and to take all necessary steps to award grace
marks to the deserving students who participated in extra-curricular
activities, in SSLC or Plus Two examinations, expeditiously, till the
disposal of this writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along with SRI.MANAS P.HAMEED,
Advocate for the petitioner, GOVERNMENT PLEADER for the respondents and of
SRI.ARAVINDA KUMAR BABU, SENIOR GOVERNMENT PLEADER, the court passed the
following:
WP(C) No.13820/2021 3/8
APPENDIX OF WP(C) 13820/2021
Exhibit P1 TRUE COPY OF LETTER NUMBERED AS G/1055/2021/G.ED DATED
29.06.2021 COMMUNICATED BY THE 1ST RESPONDENT TO THE
2ND RESPONDENT DIRECTORATE OF GENERAL EDUCATION, ALONG
WITH ITS ENGLISH TRANSLATION.
WP(C) No.13820/2021 4/8
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P.(C)Nos.13820, 13378, 13763, 13709,
13881, 13947, 13972 & 14112 of 2021
&
I.A.No.1 of 2021 in W.P.(C)No.13396 of 2021
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 22nd day of July, 2021
ORDER
S.Manikumar, C.J.
Parent of one of the minor student has filed I.A.No.1 of 2021 in W.P. (C)No.13396 of 2021 to implead himself as additional respondent No.6. Averments supporting the prayer are as hereunder:
"3. It is submitted that the grace marks were awarded for the students who take active part in NSS, Scouts and Guides and Student Police Cades (SPC). Huge marks are given as grace marks for the students. For example, for all N.S.S. volunteers having NSS certificate 2% (24 marks), for the volunteers who attended National Camps 3% (36 marks) and for the volunteers who attended Republic Day camps 5% (60 marks) are awarded. For the students enrolled in SPC 5 % i.e. 60 marks are awarded. For students enrolled in Scouts and Guides, for the students having 80% of attendance in those activities are given 3% (36 marks), the students who completed four activities of Chief Ministers Shield and submitted log book 5% (60 marks) and the winner of Rashtrapathi award by completing unit leader advance course are awarded 8% i.e. 96 marks. These grace marks will be added to the written examination of a student and together these marks will be WP(C) No.13820/2021 5/8 W.P.(C)13820 of 2021 & Conn. cases -:2:- considered for all future purposes.
4. However, there is no parameters fixed for selection of the students for enrollment to these programmes. The students are selected for enrollment on arbitrary basis. There will be a unit with limited number of seats in each school. Therefore, in some schools, the students who enroll first will be selected and in some schools, students are randomly selection. It is submitted that due to the award of grace marks, some parents are even resorting to illegal means to get their children enrolled to NSS/ Scouts and Guides/ SPC etc. Therefore, students who are selected in an arbitrary manner will get march over the other students despite the others being equally eligible to be enrolled to such programmes. For example, a student who scores 95% of marks without enrollment to the programmes and without grace marks will have a setback compared with the student who has scored only 92%, who however, got grace marks. This is clearly arbitrary, unjust and discriminatory. This will have a diminishing effect on the merit of the students.
5. It is submitted that for higher studies, there is high competition in good institutions. Even a single mark will make a difference in case of getting admissions for further studies. Therefore, the bright students, who are deprived of the grace marks for no fault of their own, will be put to severe hardships.
6. For the academic year 2020-21, there was literally nil social activities by these programs since the schools remained closed for the entire year. The purpose of giving grace marks is that the students have to miss the classes for their activities and they WP(C) No.13820/2021 6/8 W.P.(C)13820 of 2021 & Conn. cases -:3:- cannot be put to prejudice for the said purpose. However, in the academic year 2020-21, no such extra-curricular activities took place and no student lost any academic timelines. Therefore, the Government rightly decided not to award any such grace marks. This petitioner seeks impleading in the above matter so that he can place relevant materials on record in the above matter."
2. On the averments, Mr.Kaleeswaram Raj, leanred counsel for the proposed additional respondent made submissions. He also relied on the decisions of the Hon'ble Apex Court in Prabodh Verma and Others v. State of U.P. And Others reported in (1984) 4 SCC 251, Santosh Singh v. Union of India and Another reported in 2016 KHC 6501 and Ashwini Kumar Upadhyay v. Union of India and Others reported in (2020) 7 SCC 693; the decision of the Delhi High Court in Yog Raj Gupta and Another v. Union of India and Others reported in 1974 SCC Online Del 87 and the decisions of this court in Rajesh and Another v. State of Kerala and Others reported in 1998 KHC 282 and Abhishek T.M. And Others v. State of Kerala and Others reported in 2020 (5) KLT 801.
3. Government have filed a detailed statement in W.P.(C)No.13396 of 2021 and W.P.(C)No.13820 of 2021 explaining under what WP(C) No.13820/2021 7/8 W.P.(C)13820 of 2021 & Conn. cases -:4:- circumstances grace marks are awarded and as to why the grace marks is not awarded for the academic year 2020-2021.
4. Going through the averments made in the statement filed by the Government, we are of the view that it is suffice to hear the Government and pass appropriate orders. There is no necessity to implead each and every parent supporting the policy of the Government for the purpose of effective adjudication of the lis. In such a view of the matter, I.A.No.1 of 2021 is dismissed.
5. However, we make it clear that the decisions of the court in the matter of awarding grace marks would be considered at the time of hearing of the writ petitions.
6. Mr.Aravindakumar Babu, learned Senior Government Pleader submitted that statement filed in W.P.(C)No.13396 of 2021 and W.P. (C)No.13820 of 2021 would be adopted by the respondents, in other writ petitions also and to that effect, a memo will be filed.
7. Learned Senior Government Pleader is directed to get appropriate instructions clarifying the stand of the Director of General Education, Thiruvananthapuram, as to how bonus points would be awarded to the students, referred to in paragraph 7 of the statement filed by the Director WP(C) No.13820/2021 8/8 W.P.(C)13820 of 2021 & Conn. cases -:5:- of General Education, Thiruvananthapuram and that they would get priority at the admission to Higher Secondary courses. Clarification, be in the form of a statement.
Post on 28.7.2021.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv 22-07-2021 /True Copy/ Assistant Registrar