IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33754 of 2009(L) ------------------------------------ PETITIONER(S): ----------------------- PRAVEENA V.KAMATH, H.NO.216/A, JALDARSAN VILLAS BEHIND SHARI KOVIL, EROOR-682 306, ERNAKULAM. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-1. 3. LBS CENTRE FOR SCIENCE & TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM- 695 033 REPRESENTED BY ITS DIRECTOR. R3 BY ADV. SRI.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, ALONG WITH WPC. NO.33943 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). Nos. 33754 & 33943 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 25th day of November 2009. JUDGMENT The petitioners in these writ petitions appeared for the State Eligibility Test (SET) 2008 conducted by the L.B.S.Centre for Science and Technology. As per the stipulations in clause 13 of the prospectus, to pass the State Eligibility Test, a candidate should secure atleast 35 percent marks in Paper I and Paper II separately and atleast 50 per cent as the average of the percentages in Paper I and Paper II. By Ext.P3 judgment, this Court held that the stipulation that the candidate should secure atleast 50 per cent as the average of the percentages in Paper I and Paper II is not a proper or correct method to determine whether a candidate has passed the State Eligibility Test. This Court directed the L.B.S.Centre for Science and Technology to declare that those candidates who have secured 50 per cent of the aggregate marks in Papers I and II have passed the examination instead of that 50 per cent of the average of the percentage of marks in Papers I and II. The petitioners in these writ petitions claim the benefit of Ext.P3 judgment. W.P.(C). Nos. 33754 & 33943 OF 2009 2 2. Sri. P.B.Suresh Kumar, the learned standing counsel appearing for the third respondent submits that the issues raised in these writ petitions is covered in favour of the petitioners by Ext.P3 judgment in W.P.(C).No.33754 of 2009 and that the third respondent will necessarily determine whether the petitioners have passed the State Eligibility Test by securing 50% of the aggregate of the marks for Papers I and II. In the light of the said submission, I dispose of these writ petitions with a direction to the third respondent to extend the benefit of Ext.P3 judgment to the petitioners in these writ petitions also. I also direct the L.B.S. Centre for Science and Technology to extend the said benefit to all the other candidates who have appeared for the State Eligibility Test (SET) 2008 as directed by this Court in Ext.P3 judgment without driving them to move this Court seeking similar benefit. The State Government shall ratify the said action of the third respondent. (P.N.RAVINDRAN) JUDGE kkms/