Kerala High Court
Ram Kamal Manoj vs State Of Kerala on 16 September, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940
WP(C).No. 13389 of 2013
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PETITIONER(S):
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1. RAM KAMAL MANOJ, S/O.RAMADAS,
AGED 50 YEARS (TRUSTEE),
"CHAKSHUMATHI CHARITABLE TRUST",
T.C 28/145, KAITHAMUKKU, PETTA POST,
THIRUVANANTHAPURAM DISTRICT.
2. RESHMA DILEEP (MINOR), D/O.DILEEP,
RESIDING AT "NAYARASSERI HOUSE",
NATTIKA BEACH POST, THRISSUR DISTRICT,
REPRESENTED BY HER MOTHER LATHA DILEEP.
BY ADV.SRI.P.V.VENUGOPAL
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY
ITS SECRETARY TO EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2. DIRECTOR OF HIGHER SECONDARY EDUCATION,
HIGHER SECONDARY DIRECTORATE,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695 003.
3. CHIEF COMMISSIONER FOR PERSONS
WITH DISABILITY (CCPD),
(PROF.DR.N.AHAMED PILLAI), "MINAR",
NAVARANGAM LANE MEDICAL COLLEGE POST,
THIRUVANANTHAPURAM, PIN - 695 011.
4. PRINCIPAL,
GOVERNMENT FISHERIES HIGHER SECONDARY SCHOOL,
NATTIKA, THRISSUR DISTRICT, PIN - 680 566.
R1, R2 & R4 BY SENIOR GOVERNMENT PLEADER SMT.MARY BEEN JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23-07-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
WP(C).No. 13389 of 2013 (W)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1. COPY OF S.S.L.C BOOK WITH REGISTER NO.284270/MARCH 2013.
EXHIBIT P2. COPY OF COMMUNICATION VIDE LETTER ON 24.05.2013
DECLINING ADMISSION TO SCIENCE SUBJECT.
EXHIBIT P3. COPY OF CIRCULAR BEARING NO.68/2011 DATED 16.09.2011
ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION (C.B.S.E)
EXHIBIT P4. COPY OF GUIDELINES WITH NO.F.NO.16-110/2003-D.D.III
DATED 26.02.2013 MINISTRY OF SOCIAL JUSTICE &
EMPOWERMENT DEPT.
EXHIBIT P5. COPY OF REPRESENTATION DATED 24.05.2013 BEFORE
2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
mbr/
31.07.2018.
P.V.ASHA, J.
W.P.(C) No.13389 of 2013
Dated this the 23rd day of July, 2018
JUDGMENT
This writ petition was filed challenging Ext.P2 by which admission in Science branch was denied to the petitioner and for a direction to the 4th respondent to provide him admission to Plus Two course in Science branch considering the academic excellence of the petitioner. This writ petition was filed in 2013.
2. The 2nd respondent has filed a counter affidavit on 27.06.2013 stating that the candidates seeking admission in IED category should undergo counseling assigned in each District under the supervision of District Co-ordinator, as per the guidelines for admission to Plus One course issued by the Government in G.O(Rt) No.1866/13/G.Edn dated 26.04.2013. It is further stated that the candidates with disability if wish to opt course combination with practical, should obtain a certificate of eligibility from the district level committee constituted by the education department for this purpose. This committee comprises of a specialized doctor nominated by the District Officer, a Government Higher Secondary School Principal and a Government Higher Secondary Teacher, both belonging to science subjects and IEDC resource person would conduct the counseling. As a visually challenged person the counselors had advised the petitioner to opt W.P.(C) No.13389/13 :2: Humanities without practical as the Committee found him unfit for choosing science course as the same includes practical in Physics, Chemistry, Botany, Zoology and Computer Science. More over student in Science has to handle more dangerous and toxic chemicals including acids and the petitioner being 100% visually challenged will not be able to engage himself in practical classes.
As the petitioner's claim was for admission to Plus One in the year 2013, it is not necessary for this court to enter into any finding on merits at this stage.
Accordingly this writ petition is dismissed.
Sd/-
P.V.ASHA JUDGE rkc