IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 32176 of 2010(V) -------------------------- PETITIONER(S): --------------- MS.JUVAL GEORGE, AGED 19 YEARS, D/O.GEORGE JOSEPH, AICKARATHAZHATHIL HOUSE, MELAKKAM, MANJERI, MALAPPURAM DISTRICT, PIN-676123. BY ADV. SRI.SIJI ANTONY SRI.SATHEESH MATHEW ZACHARIAS RESPONDENT(S): --------------- 1. THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-1. 2. THE JOINT DIRECTOR (EXAMINATIONS), HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, ST.GEMMA'S HIGHER SECONDARY SCHOOL, MALAPPURAM-676505. 4. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.32176 of 2010 --------------------------------------------- Dated this the 4th day of November, 2010 JUDGMENT The petitioner is a student of plus two class in St.Gemma's Higher Secondary School, Malappuram. She appeared for the first year Higher Secondary Examination held in March 2009 with register No.6302700. Results were published. She wanted to improve the marks and for that purpose to appear for the improvement examination. For that purpose, she has to continue her second year course in the following academic year. Unfortunately, she could not go to school for the second year course in 2009-2010 as she was suffering from Hepatitis. She could go to school for the second year course only on 10th June, 2010. She applied for registration for the improvement examination to be held in September, 2010. That was not allowed. The petitioner approached Lok Ayukta. An interim order was passed by the Lok Ayukta permitting her to appear for the improvement examination held in September, 2010. She appeared for the examination. Thereafter, as per Exhibit P1 WPC No.32176/2010 2 order, Lok Ayukta dismissed the main application on the ground that going by the circular in force, the petitioner could not appear for the improvement examination held in September, 2010 as she did not appear for the first year examination in March 2010, but only in March 2009. 2. The fact remains that the petitioner appeared for the improvement examination held in September, 2010 as per the interim order passed by the Lok Ayukta. Various contentions are raised by the respondents based on the circular and clarificatory circular. 3. A unique situation arises in this case. The question is whether the petitioner should be denied the benefit of improvement for which she appeared in September, 2010. I think the matter can be considered by the first respondent, taking a humanitarian consideration and without treating it as a precedent. The apprehension that if an order is passed permitting a student to appear for the improvement examination not in the same year, but in the subsequent year or subsequent years, it would set a bad precedent. Nothing would deter the first respondent from granting the relief to the petitioner as a WPC No.32176/2010 3 special case in the peculiar facts and circumstances. The petitioner having appeared for the improvement examination as per the interim order passed by the Lok Ayukta and taking into account the fact that the petitioner was suffering from Hepatitis which disabled her from going to school during the academic year 2009-2010, an appropriate decision shall be taken by the first respondent, making a humanitarian approach to the question and not a technical approach. Any order passed by the first respondent allowing the result of the petitioner to be published for the improvement examination, shall not be treated as a precedent. A decision shall be taken by the first respondent within a period of one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of above. K.T.SANKARAN JUDGE csl