IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 24086 of 2008(P) -------------------------- PETITIONER: ------------ LINISHA.P., AGED 24 YEARS W/O.BIJU.P., SREYAS, UTHIYOOR MATTANNOOR PO., KANNUR BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATRION THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM. 3. L.B.S. CENTRE FOR SCIENCE AND TECHNOLOGY, REP. BY ITS DIRECTOR NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM. BY ADV. SRI. P.B. SURESH KUMAR GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24086 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th August, 2008. J U D G M E N T I have heard the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 2 and the learned standing counsel for the 3rd respondent. 2. Petitioner's grievance in this writ petition is that in her State Eligibility Test, the minimum marks required for pass have been computed wrongly. The petitioner has got minimum marks in two papers. According to the petitioner, by taking a wrong method of calculation of aggregate minimum by adding the percentage of marks of the two papers and dividing it by two, the petitioner has been declared as failed. The petitioner submits that in Ext. P2 judgment, a learned Judge of this Court has held that the method adopted by the 3rd respondent is not sustainable and the 3rd respondent ought to have taken the percentage of total marks for the purpose of calculating the aggregate minimum. 3. The only contention raised by the counsel for the 3rd respondent is that Ext. P2 judgment has been taken in appeal and the Division Bench has admitted the same. But the 3rd respondent has no case that the Division Bench has granted stay of operation of Ext. P2 judgment. On a reading of Ext. P2 judgment, I am inclined to follow the said judgment of the learned Judge. Accordingly, following the said judgment, I allow this writ petition and direct the 3rd respondent to re-consider the question as to whether the petitioner has secured the minimum marks for a pass in the State Eligibility Test by calculating the minimum marks in accordance with the directions in Ext. P2 judgment. Orders in this W.P.C. No.24086/08. -: 2 :- regard shall be issued within two weeks from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.