IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 6424 of 2011(C) -------------------------------------- PETITIONER(S): ------------------------- SURENDRAN V.S, S/O.SREEDHARAN NAIR, VELLANKAL HOUSE, MYLALLAMPARA P.O.,PIN.673586, PUTHUPADY, KOZHIKODE, PRESIDENT,K.M.O.H.S.S.PARENT TEACHER ASSOCIATION, EXECUTIVE COMMITTEE, KODUVALLY-673 572 BY ADVS. SRI.P.T.MOHANKUMAR SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695 301 2. THE DIRECTOR, BOARD OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 301 R1 & R2 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, ALONG WITH WPC NO. 6817 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.6424/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT DATED 27/10/2009.(RELEVANT PORTION) P2 COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 9/7/2010 ( RELEVANT PORTION) P3 COPY OF THE REPRESENTATION DATED 20/12/2010 SENT THROUGH THE COUNSEL OF THE PETITIONER TO THW 2ND RESPONDENT. P4 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.1753/2011 DATED 18/1/2011 P5 COPY OF THE 19/1/2011 AS PER THE COVERING LETTER TO THE 2ND RESPONDENT. P6 COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT, DATED 25/1/2011. P7 COPY OF THE REPRESENTATION DATED 22/2/2011 ADDRESSED TO THE HON'BLE MINISTER FOR EDUCATION. RESPONDENT'S EXHIBITS: ANNEXURE R2(A) COPY OF THE PRESS RELEASE DATED 20/7/2010. ANNEXURE R2(B) COPY OF THE PRESS RELEASE DATED 26/7/2010. ANNEXURE R2(C) COPY OF THE CIRCULAR DATED 26/7/2010. ANNEXURE R2(D) COPY OF THE PRESS RELEASE DATED 10/8/2010. /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C) Nos.6424 & 6817 OF 2011 ------------------------------------------ Dated this the 31st day of May, 2011. J U D G M E N T In both these writ petitions, the prayers are identical and therefore, they are disposed of together. 2. The petitioner in W.P.(C) No.6424/2011 is the President of Parent Teachers Association of Koduvally Muslim Orphanage Higher Secondary School and the petitioner in the other writ petition is a Plus 2 student who belonged to 2008-2010 batch of another school. The petitioners seek for a direction to the 2nd respondent to permit the students to appear for the Higher Secondary Examination (second year) which was scheduled to be held in March 2011. The students had failed in some subjects in the examination conducted earlier. 3. When the matter was heard at the admission stage, the respondents opposed the prayers of the petitioners for allowing the students to appear in the said examination since all the steps to conduct examination were complete and it was difficult to W.P.(C) Nos.6424 & 6817/2011 2 allow the students who appeared for the Plus II 2nd year examination in March 2010. This Court passed a detailed interim order dated 11.03.2011 whereby the Government and the Director of Higher Secondary Education were directed to take a decision in the matter for conducting an examination for such students as their future is involved and file an affidavit before this Court. Even though an affidavit has been filed, the question that was directed to be considered by the respondents has not been addressed properly by them and all objections have been taken against the conduct of an examination that also without considering the plight of the students who are awaiting for a chance for appearance for the Plus II examination. Therefore, this Court expressed its displeasure in the matter on the last occasion viz. on 26.05.2011 and directed the learned Government Pleader to get instructions with regard to the plea of the petitioners to allow the students to appear for the SAY examination which is proposed to be held in June 2011. 4. Today, the learned Government Pleader submitted that the students involved can be permitted to appear for the SAY W.P.(C) Nos.6424 & 6817/2011 3 examination. Learned counsel for the petitioners pointed out that as the last date for submitting the application and the fee is already over, appropriate directions may be issued to accept the applications and the examination fee. Therefore, on the petitioner in W.P.(C) No.6817/2011 and other students of the school in W.P.(C) No.6424/2011 submitting appropriate applications and remitting the required fee, the respondents will make all arrangements to allow them to appear for the SAY examination to be conducted in June 2011. Appropriate applications will be submitted along with the required fee within a period of seven days from today and the same will be accepted and treated as valid and the students will be allowed to appear for the SAY examination. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp