IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 14689 of 2009(E) -------------------------- PETITIONER(S): --------------- JITHIN.C.R, MINOR, AGED 17, REPRESENTED BY HIS FATHER, D.C. RAJENDRAKUMAR, TC 51/779(1), PAPPANAMCODE.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEW SRI.JEPH JOSEPH RESPONDENT(S): --------------- 1. THE PRINCIPAL, KENDRIYA VIDYALAYA, PATTOM, THIRUVANANTHAPURAM - 4. 2. ASSISTANT COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, CHENNAI. 3. CENTRAL BOARD OF SECONDARY EDUCATION, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092, REPRESENTED BY ITS SECRETARY. ADDL.R4 & R5 4. P.RAGHUNATHAN NAIR, (PGT) HINDI, KENDRIYA VIDYALAYA SHIFT-II PATTOM, TVM. 5. JAYASREE, PHYSICS TEACHER (XI STANDARD) KENDRIYA VIDYALAYA SHIFT II, PATTOM, TVM. (Impleaded Addl.R4 and R5 as per order dated 28.10.09 in I.A.9543/09) ADV. M/S.IYER & IYER, SC.KENDRIYA VIDYALAYA FOR R1,2 SRI.V.V.ASOKAN FOR R1,2 SRI.DEVAN RAMACHANDRAN FOR R3 SRI.K.M.ANEESH FOR R3 SRI.K.I.MAYANKUTTY MATHER FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).14689/2009 ....................... Dated this the 6th day of November, 2009 JUDGMENT Heard Sri.V.Philip Mathews, the learned counsel appearing for the petitioner, Sri.V.V.Asokan, the learned counsel appearing for respondents 1 and 2, Sri.Devan Ramachandran, the learned counsel appearing for the Central Board of Secondary Education and Sri.K.I.Mayanakutty Mather, the learned counsel appearing for respondents 4 and 5. 2. The petitioner joined Kendriya Vidyalaya, Pattom, in the ninth standard during the academic year 2006-07. He appeared for the All India Secondary School Examination, 2008, conducted by the Central Board of Secondary Education as a regular student. He passed the said examination. The petitioner who had not studied Hindi upto Xth Standard did not get admission in the XIth Standard with Science and Mathematics as the optional subjects. He therefore, joined the XIth Standard with Hindi as additional subject. In XIth Standard, there is no public examination. The annual examination is conducted by the school authorities themselves. He appeared for the annual W.P.(C).14689/09 2 examination at the end of his course of study in the XIth Standard in April 2009. When the results were published, he failed in four subjects namely Physics, Chemistry, Hindi and Biology. For valuing the answer scripts, the school authorities had laid down their own standards relying on Article 106 of the Education Code for Kendriya Vidyalayas, which deals with promotion of students. The school authorities made the final assessment of the petitioner based on his achievements during the entire period of study in the XIth Standard. The school authorities did not however, increase the minimum percentage of marks required for a pass namely 33%. This writ petition was thereupon filed challenging the method of valuation. 3. Though the petitioner has raised various allegations against the school authorities and teachers, the dispute ultimately centres round the question whether Article 106 of the Education Code for Kendriya Vidyalayas can be applied to promote students from XIth Standard to XIIth Standard. The said issue was considered by a learned single Judge of this Court in W.P.(C).No.13150 of 2009. After an elaborate analysis of the Bye Laws of the Central Board of Secondary Education, the learned single Judge W.P.(C).14689/09 3 held that the marks secured in the examination held at the end of the course of study alone can be taken note of to decide whether a student has passed the examination. It was held that a student who gets 33% marks in the final examination is entitled to be promoted to the next higher class. 4. It is now conceded at the Bar that the petitioner has secured 33% marks in all the subjects other than Physics and Hindi. Article 106D of the Education Code for Kendriya Vidyalayas stipulates that in classes IX and XI if a candidate secures less than 33% in one or two subjects in the session-ending examination, he will be eligible to take a supplementary examination in those subjects. It is also stated that such a candidate would be promoted to the next higher class only if he/she secures 33% marks in each of these subjects in the supplementary examination. There is also a stipulation that such supplementary examination shall be conducted within three weeks after the declaration of the results under the supervision of the Assistant Commissioner. In view of the said stipulations, as the petitioner has failed to secure 33% marks only in two subjects namely Physics and Hindi, he was entitled to W.P.(C).14689/09 4 appear for the supplementary examination. He is also entitled to be promoted to the next higher class, if he secures 33% marks in the said two subjects in the supplementary examination. However, in view of the misconception regarding the applicability of the examination bye-laws of the Central Board of Secondary Education, the school authorities did not conduct a supplementary examination. It ought to have been conducted within three weeks from the date of publication of the results of the session ending examination. Since the year 2009 is about to come to an end, it would not be possible to the petitioner to join the XIIth Standard now. In such circumstances, I dispose of this writ petition with the following directions. (i). Respondents 1 and 2 shall take steps to hold a supplementary examination on or before 31.12.2009 in order to enable the petitioner to appear for the papers in Physics and Hindi. (ii). The answer scripts of the petitioner in the said examination shall be valued under the supervision of the second respondent and the results declared within two weeks thereafter. W.P.(C).14689/09 5 (iii). In the event of the petitioner securing 33% marks in the said subjects, he shall be declared to have passed the XIth Standard examination and a mark sheet issued to him containing the marks secured by him in the session ending examination for all the five subjects. The mark list shall be issued within one week from the date of publication of results. (iv). It will be open to the petitioner, if he secures a pass, to join the XIIth Standard in the very same school or in any other school of his choice based on the marks secured by him. The learned counsel appearing for the first respondent is permitted to take back the answer scripts, question papers and other related documents produced by him pursuant to the directions of this Court. P.N.RAVINDRAN, Judge mrcs