IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 3858 of 2010(F) ------------------------- PETITIONER(S): --------------- SETHU CHINNU P.C., D/O. CHINNAN, AGED 17 YEARS, POOTHEDATH HOUSE, N.KUTHIATHODE, ERNAKULAM DISTRICT, PIN-683 594, MINOR, REP. BY HER MOTHER AND GUARDIAN REVATHI, W/O. CHINNAN, AGED 40 YEARS, POOTHEDATH HOUSE, N.KUTHIATHODE, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY SMT.M.M.JASMIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. 4. THE DISTRICT COLLECTOR, ERNAKULAM. 5. GOVERNMENT BOYS, HIGHER SECONDARY SCHOOL, REP. BY ITS PRINCIPAL, N.PARAVUR, ERNAKULAM. BY G.P.SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT. P1 COPY OF ORDER PASSED BY R1 DTD.12.11.09 EXT.P2 COPY OF SSLC BOOK OF PETITIONER EXT.P3 COPY OF REPRESENTTION DTD.24.12.2008 TO R4. EXT.P4 COPY OF COMMUNICATION ISSUED BY R3 EXT.P5 COPY OF REPRESENTATION DTD.1.1.09 TO R3 EXT.P6 COPY OF ORDER PASSED BY R3 DTD.5.1.2009 EXT.P7 COPY OF INTERIM ORDER IN WP(C) 6989/09 EXT.P8 COPY OF INTERIM ORDER IN W.A.58309 EXT.P9 COPY OF JUDGMENT IN W.A.583/09 EXT.P10 COPY OF JUDGMENT IN WP(c) 6989/09 EXT.P11 COPY OF REPRESENTATION SUBMITTED BEFORE R1 RESPONDENTS EXTS. NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.3858 OF 2010 ------------------------------- Dated this the 3rd day of JUNE, 2010 J U D G M E N T The petitioner was a student of the Plus Two course in the 5th respondent School for the academic year 2007-2009. The petitioner was not allowed to write the examination by the 5th respondent, on the premise that if the petitioner is permitted to write the examination they are not sure about her success. Aggrieved by that order, the petitioner approached this Court by filing W.P.(c)No.6989/09 and as per the interim orders of this court, the petitioner wrote the examination. But in W.A.No.583/09 the Division Bench declined to stay the interim order, but directed that the results shall not be published. Ultimately, by Ext.P9 judgment the Division Bench directed the learned Single Judge to dispose of the writ petition itself. By Ext.P10 judgment, the learned Single Judge found that in the examination written pursuant to the interim order, the petitioner failed in Physics and Chemistry and therefore there cannot be a W.P.(c)No.3858/10 2 direction to declare the results of the examination undertaken by the petitioner in that judgment. The petitioner was permitted to file a representation and the representation was directed to be disposed of. The petitioner filed Ext.P11 representation. Since no favourable orders were passed, the petitioner filed this writ petition seeking the following reliefs: “I. To call for the records leading to the issuance of Exhibit P1 examine its legality and propriety and quash the same by issuing a writ of certiorari. II. To issue a writ of mandamus and direct the 1st respondent to produce all the answer sheet of the petitioner before this honourable court. III. To issue a writ of mandamus and direct the 2nd respondent to conduct revaluation of all the answer sheet of the petitioner by an independent authority. IV. To issue a writ of mandamus and direct the 2nd respondent to declare the result of the petitioner” The learned counsel for the petitioner now submits that the petitioner may be permitted to scrutinize the answer papers for Physics and Chemistry, in which the petitioner has failed. The learned Government Pleader submits that the examination itself was written pursuant to interim orders of this Court and ultimately this court refused to direct the respondents to W.P.(c)No.3858/10 3 declare the results and therefore no scrutiny can be allowed. Having heard both sides, I dispose of this writ petition with a direction to the second respondent to permit the petitioner to see the answer papers of Physics and Chemistry without any right in respect thereof on the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(c)No.3858/10 4 W.P.(c)No.3858/10 5