Kerala High Court
A.J.Devduth vs The State Of Kerala on 13 November, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942
WP(C).No.22374 OF 2020(V)
PETITIONER:
A.J.DEVDUTH
AGED 16 YEARS(MINOR)
S/O.JIJU JOSEPH, RESIDING AT FLAT NO.6E, BEACON SKY,
ANAYARA P.O.,
PETTAH, THIRUVANANTHAPURAM-695029, REP BY HIS FATHER
AND NATURAL GUARDIAN, JIJU JOSEPH, S/O.D.C.JOSEPH,
RESIDING AT FLAT NO 6E, BEACON SKY, ANAYARA P.O.,
PETTAH, THIRUVANANTHAPURAM-695029.
BY ADV. SRI.R.S.KALKURA
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF TECHNICAL EDUCATION,
DIRECTORATE OF TECHNICAL EDUCATION,
PADMAVILASAM ROAD, FORT P.O.,
THIRUVANANTHAPURAM-695023.
3 CONTROLLER OF EXAMINATIONS
CBSE, SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREETH VIHAR, DELHI-110092.
4 THE PRINCIPAL
RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY,
RAJADHANI HILLS, NAGAROOR, ATTINGAL,
THIRUVANANTHAPURAM-695102.
R1 & R2 BY SMT.VINEETHA.B, GOVERNMENT PLEADER
R3 BY SRI.NIRMAL.S, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22374 OF 2020(V) 2
JUDGMENT
Dated this the 13th day of November 2020 The petitioner passed 10th Standard in CBSE Stream in the academic year 2019-2020. He had opted Mathematics - Basic instead of Mathematics - Standard as the CBSE provided for an option as per Ext.P2 order issued on 10.1.2019. As per Ext.P2 order, the students were allowed to continue Mathematics as a subject in Class XI/XII and further the students need to pass Mathematics - Standard at Class X. It further provided that students who qualify in Mathematics - Basic shall be given an option to appear in Mathematics - Standard at the time of Compartment exams as per the norms of the Board, in case he/she changes his/her mind to pursue Mathematics at Senior Secondary Level. On the basis of Ext.P2 order, petitioner opted for Mathematics - Basic. It is stated that he has submitted application for admission to Polytechnic College and a seat is kept reserved for him in the NRI Quota in a Self Financing Polytechnic College. It is stated that Mathematics - Basic is not WP(C).No.22374 OF 2020(V) 3 accepted by the Government of Kerala as a qualification for the purpose of admission to the Polytechnic. In Ext.P3 Prospectus for admission to Polytechnic Colleges in Kerala, Clause 7.3 provides as follows:
7.3 For CBSE/ICSE/Open school candidates the Marks/Grades obtained in Science is considered for calculating grade in the place of Physics and Chemistry. As per Circular No.Acad 03/2019 dated 10th January 2019, CBSE school candidates who have passed qualifying examination with Mathematics - Standard are only eligible to apply for stream I and stream II.
2. The petitioner claims that CBSE could not hold Compartment examinations this year due to the outbreak of Covid 19 pandemic. Therefore, they had issued Ext.P5 Notification stating that the students who have appeared in Mathematics - Basic in Class X - 2020 main examination and are desirous of pursuing Mathematics in Class XI in the session 2020-2021 can opt Mathematics also in Class XI only in the session 2020-2021. It was stated that this exemption would be a one time measure available for the present batch of students of the Academic year 2019-2020. The petitioner has filed this writ petition seeking extension of the benefit of Ext.P5 for admission in Diploma Courses pointing out that WP(C).No.22374 OF 2020(V) 4 examination was not conducted on account of Covid 19 pandemic.
3. The second respondent has filed a counter affidavit stating that Ext.P5 order issued by the CBSE is applicable only for admission to Standard XI and XII under the CBSE stream alone. It is also stated that orders issued by the CBSE are not applicable to the institutions under the State Government. It is further stated that Diploma in Engineering is a discipline involving higher levels of Mathematics and any extension of concession would dilute the quality of technical education programme. Paragraphs 5 and 6 of the counter affidavit read as follows:
"5. It is submitted that such extension of concession to technical courses like Diploma in Engineering, which is a discipline involving higher levels of Mathematics will dilute the quality of the technical education programme. A student pursuing higher studies in Engineering stream has to study Mathematics and its higher applications through out his Diploma Programme as it forms the back bone. From previous years, it is clearly evident that majority of the students joining Diploma Programmes are after passing Plus two. We have only a small percentage of students joining Diploma Programmes after 10th level. Even if the students have taken Mathematics at their plus two level, passed plus two and joined for a Diploma Programme, they find it WP(C).No.22374 OF 2020(V) 5 difficult to pass in Mathematics at Diploma Level Examinations. It will also be difficult for a student to pursue Diploma in Engineering Programmes which has Mathematics at a higher level. For admission to the Diploma Programmes, the marks for the qualifying examination in Mathematics, Physics and Chemistry (Science) is given a weightage of 85% and the other subjects is given a weightage of 15%. So a student passing, his Mathematics Basic will get undue advantage in his index score, which is relevant for including in the rank list when compared to a student who has passed Mathematics - Standard. This is unjust, discriminatory and against principles of natural justice, equity and good conscious. This would also cause an eligible student who has passed Mathematics standard to get eliminated from admission.
6. It is pertinent to note that the petitioner who could not appear and pass the Standard level of examination in Std X of CBSE will not be able to comprehend highly technical engineering subjects. This view from the academic angle may kindly be considered. Since Mathematics from the core subject of the engineering, Diploma Programmes, the students who have passed Basic mathematics will find difficult to pursue Mathematics at Diploma level. Also in almost all the subjects in the different disciplines of Diploma higher application of mathematics exists. Complex calculations involving differentiation, integration and WP(C).No.22374 OF 2020(V) 6 complex equations are present in all Engineering subjects. In drawing related subject, Engineering graphics, which is a mandatory subject for all branches, involves calculations for elevations etc. and also includes two and three dimensional view drawings. From the above justifications, it is quite evident that the students who have pass Mathematics-basic at the 10th level in CBSE may not be considered for admission Diploma in Engineering Programmes on the basis of Notification from CBSE(COORD/PRINTING/2020 dated 06/08/2020) as it cannot be considered equivalent to Mathematics-Standard Examination. Mathematics-Basic is a low level Examination. The prayer to get the special relaxation granted by CBSE to its own Std X classes extended to totally different disciplines controlled by other bodies with other specific objectives is irrational and illogical."
4. Even though the learned Counsel for the petitioner vehemently argued that the petitioner is entitled to be granted the benefit of Ext.P5 order and the respondents be directed to give him admission in the Diploma Course in the NRI seat which will not affect anybody, I am of the view that when the authorities competent who are having the expertise in the field of Technical Education have found that WP(C).No.22374 OF 2020(V) 7 concession in Ext.P5 order cannot be extended for pursuing Diploma courses, this Court will not be justified in interfering with those matters as it is settled law that Courts under Article 226 shall keep itself aloof from Academic matters.
This writ petition is accordingly dismissed.
Sd/-
P.V.ASHA JUDGE Bb/17/11/2020 WP(C).No.22374 OF 2020(V) 8 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MARKS CERTIFICATE OF THE PETITIONER ISSUED BY THE CBSE TO THE PETITIONER WITH RESPECT TO HIS HAVING PASSED OUT 10TH STANDARD EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.F1002/CBSE/DIR(ACAD)/MATHEMATICS/2019 DATED 10.1.2019 ISSUED BY THE C.B.S.E EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS PUBLISHED BY THE DIRECTORATE OF TECHNICAL EDUCATION FOR ADMISSION TO POLYTECHNIC COLLEGES FOR THE ACADEMIC YEAR 2020-2021 EXHIBIT P4 TRUE COPY OF THE RECEIPT OF PAYMENT OF FEES UNDER THE MANAGEMENT QUOTA ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTIFICATION NO.COORD/PRINTING /2020 DATED 6.8.2020 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR EDUCATION AND LATER FORWARDED TO THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE EMAIL DATED 15.10.2020 SENT BY THE PETITIONER THROUGH HIS FRIEND D.DILEEP KUMAR RESPONDENTS' EXHIBITS: NIL [True copy] P.A to Judge Bb