IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15548 of 2011(P) -------------------------- PETITIONER(S): ----------------------- NAVANEETH.G, S/O. GANGADHARAN.M, KALICHAMKUZHY HOUSE, MELANGOT.P.O, KANHANGAD, KASARAGOD, MINOR, REP. BY FATHER GANGADHARAN.M, S/O. AMBADY.K, AGED 53 YEARS, KALICHAMKUZHY HOUSE, MELANGOT.P.O, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DEPARTMENT OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, KOZHIKODE. GOVT.PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 15548 OF 2011 APPENDIX PETITIONER'S EXHIBIT: EXT. P1 : TRUE COPY OF THE REPRESENTATION DATED 31.5.2011 SUBMITTED BY THE FATHER OF THE PETITIONER, ON BEHALF OF THE PETITIONER, BEFORE THE 1ST RESPONDENT. EXT. P2 : TRUE COPY OF THE REPRESENTATION DATED 31.5.2011 SUBMITED BY THE FATHER OF THE PETITIONER, ON BEHALF OF THE PETITIONER, BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. KP T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15548/2011-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2011 J U D G M E N T The petitioner seeks for admission to Plus-I Higher Secondary Course this year, 2011. It is pointed out that unless appropriate directions are issued, the petitioner may have to lose one year. 2. He was a student of Durga Higher Secondary School, Kanhangad and he appeared for the S.S.L.C examination in March 2011 with Registration No.539807. When the results were published, it was shown that the petitioner failed for one paper, namely, Social Science. This was utterly a surprise to him as he had written the examination well and he had also secured good marks for other papers. An application for revaluation was submitted immediately and the result was published on 26/05/2011 whereby he has secured D+ and has become eligible for joining Plus-I course. The problem that has crept in now for him is the absence of an opportunity to submit an application for the Plus-I course, as the last date for submission of application was over by that time. Therefore, the petitioner filed W.P.(C). No.15548/2011 -:2:- a representation as per Ext.P1 to the Director of Higher Secondary Education through his father to grant permission for including him in the first allotment itself. Seeking for appropriate direction in the matter, this writ petition has been filed. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. The learned counsel for the petitioner submitted that the situation has arisen not because of any fault on the part of the petitioner, but only because a proper valuation was not done of one paper wrote by the petitioner, namely, Social Science. It is therefore, submitted that this is a peculiar situation, and therefore, appropriate remedial action should be taken by the respondents. It is pointed out that if the petitioner is not considered in the first or second allotments, he will not be able to join in any of the nearby schools. 4. Learned Government Pleader on getting instructions submitted that the first allotment is already over in terms of the list prepared and during the second allotment it may not be possible to consider W.P.(C). No.15548/2011 -:3:- the name of the petitioner as so many other students have already been included in the rank list. 5. The learned counsel for the petitioner submitted that in a like situation, the students of the C.B.S.E Schools affiliated to the Central Board of Secondary Education have been considered for allotment during the second allotment as in their case, the results were announced later which was taken into consideration by the Government and the situation herein is also identical. 6. The learned Government Pleader submitted that even the last date for submitting the application for allotment, as far as C.B.S.E students are concerned, is also over. Hence, it will be very difficult to consider the claim of the petitioner along with C.B.S.E students and only at the stage of the supplementary allotment, his case can be considered. Evidently, this is a peculiar case where the petitioner is unable to get admission in the first allotment, solely, because of the fact that he had to approach the authorities for revaluation of the answer paper. W.P.(C). No.15548/2011 -:4:- 7. In that view of the matter, there will be a direction to the Director of Higher Secondary Education to consider the request made in Ext.P1 and take appropriate measures to see that the grievance of the petitioner is redressed as otherwise the petitioner may have wait for one more year for getting a proper admission. Appropriate decision will be taken before the allotment processes are completed and at any rate within two weeks from date of receipt of the Judgment, which will be communicated to the petitioner. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms