IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 5395 of 2011(Y) -------------------------------------- PETITIONER(S): ------------------------- JUVAL GEORGE, D/O.GEORGE JOSEPH, AICKARATHAZHATHIL HOUSE, MELAKKAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): -------------------------- 1. THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-680 001. 2. THE PRINCIPAL, ST.GEMMA'S HIGHER SECONDARY SCHOOL, MALAPPURAM-676 505. 3. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-680 001. R1 & R3 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5395/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF HONOURABLE UPA LOK AYUKTA DATED 28/09/2010. P2 COPY OF THE CIRCULAR NO.EX(1) 53388/HSE/2009 DATED 28/07/2010. P3 COPY OF THE EXAMINATION NOTIFICATION DATED 09/07/2010. P4 COPY OF THE REPRESENTATION DATED 3/09/2010 SUBMITTED BY THE PETITIONER. P5 COPY OF THE JUDGEMENT PASSED BY THIS HONOURABLE COURT 32176/2010 P6 COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5395/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner has filed this writ petition seeking for various reliefs including a direction to the respondents to declare the results of the petitioner for the first year Higher Secondary School Improvement Examination, 2010 for the subjects Physics, Biology and Mathematics. 2. The petitioner was a student of the St.Gemma's Higher Secondary School, Malappuram in the Higher Secondary division. She appeared for the first year Higher Secondary Examination as register No.6302700 held in March 2009. It is averred in the writ petition that she could not continue her second year classes in the next academic year on medical grounds and then she was re-admitted during the academic year 2010-11. At the time of filing of this writ petition, she was continuing in the second year class. 3. It is pointed out in paragraph (1) of the writ petition that pursuant to the notification dated W.P.(C). No.5395/2011 -:2:- 09/07/2010 for the conduct of first year Higher Secondary Improvement Examination September, 2010 even though the petitioner applied for appearance, she was not issued the hall ticket and, thereafter, she approached the Kerala Lok Ayukta and by an interim order dated 15/09/2010 in Complaint No.1635/2010, the Upa Lok Ayukta directed to permit the petitioner to appear for the examination but later the Upa Lok Aykta by Ext.P1 order passed a final order taking the view that the petitioner is not entitled for the reliefs therein. 4. Therefore, the petitioner seeks for a direction to value the answer papers and publish the results. The contention raised by the respondents is that the improvement examination was only for students who had appeared for the March, 2010 examination and the Scheme is a system generated one and, therefore, the order passed by the Upa Lok Ayukta is perfectly justified. Evidently, the petitioner has completed Plus-II course as on today. If the petitioner has to appear for the improvement examination afresh, then she W.P.(C). No.5395/2011 -:3:- will lose one more year and the scheme under which the notification may be issued may also be separate. Faced with this contingency, the learned counsel for the petitioner prayed that the respondents may be directed to value the answer papers especially in the light of the direction issued by this Court in Ext.P5 Judgment. In Ext.P5, in paragraph (3), this Court directed the first respondent to consider the matter by adopting a humanitarian consideration and without treating it as a precedent. Ext.P6 is the resultant order which is challenged in this writ petition. 5. When the matter was heard on 22/06/2011, the learned Government Pleader was directed to get instructions as to whether the answer papers could be valued manually and the result could be published without treating the case as a precedent. Learned Government Pleader on getting instructions submitted that the valuation can be done within a period of one month and thereafter the results can be declared, but without treating it as a precedent. W.P.(C). No.5395/2011 -:4:- 6. Ext.P6 will be modified to a limited extent with a direction to value the answer papers manually and to declare the results. On other respects it is not being interfered with. This will not be treated as a precedent and the above direction is issued only to save the student from losing another year also. Therefore, as agreed, the valuation will be done within a period of one month and results will be declared accordingly. The writ petition is accordingly disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms