IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 6989 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------ 1. SEETHU CHINNU P.C., AGED 16 YEARS, D/O.CHINNAN, POOTHEDATH(H), N.KUTHIYATHODE, ERNAKULAM DISTRICT, PIN-683 594, MINOR REP. BY MOTHER/NATURAL GUARDIAN REEVATHI, W/O.CHINNAN, POOTHEDATH(H), N.KUTHIYATHODE, ERNAKULAM DISTRICT, PIN-683 594. 2. VINITHA P.V., AGED 17 YEARS, D/O.WILSON, PALLIPARAMBIL(H), N.KUTHIYATHODE, CHALAKKAL DESOM, ERNAKULAM DISTRICT, MINOR REP. BY MOTHER/NATURAL GUARDIAN LEKHA, W/O.WILSON, PALLIPARAMBIL (H), N.KUTHIYATHODE, CHALAKKAL DESOM, ERNAKULAM DISTRICT. BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., GENERAL EDUCATION DEPT., GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPILLY, ERNAKULAM. 4. DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 5. PRINCIPAL, GOVT. BOYS HIGHER SECONDARY SCHOOL, N.PARAVUR, ERNAKULAM. R1 TO R4 BY SR. GOVERNMENT PLEADER MR.T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6989/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DTD. 24/12/08 SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT. P2: COPY OF THE DIRECTION GIVEN BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT DTD. 24/12/08. P3: COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DTD. 01/01/09 TO THE 3RD RESPONDENT. P4: COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT ISSUED TO THE 1ST PETITIONER DTD. 05/01/09. P5: COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT ISSUED TO THE 2ND PETITIONER DTD. 05/01/09. P6: COPY OF THE REQUEST DTD. 07/02/09 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6989/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of June, 2009 J U D G M E N T The petitioners are students who were studying Plus 2 course in fifth respondent Higher Secondary School. They have approached this Court seeking to quash Exts.P4 and P5 by which they were not allowed to register for the Plus 2 examination in March 2009. By an interim order dated 04/03/2009, this Court permitted the petitioners to appear for the examination commencing from 11/03/2009. It was made clear that the appearance of the petitioners for the Plus 2 examination commencing from 11/03/2009 will be provisional and subject to further orders in the writ petition. The matter has been taken in an appeal, W.A.No.583/2009. It was directed therein to value the answer papers. It was made clear that the results shall not be declared without getting further orders from this Court. The writ appeal was disposed of on 26/03/2009. It was ordered that the interim order passed on 11/03/2009 will remain in force till the disposal of the writ petition. Subsequently, by an interim order dated 07/04/2009, in the writ petition, this Court directed the fifth respondent to conduct the practical examination for the petitioners on 17th and 18th April, 2009. W.P.(C). No.6989/2009 -:2:- 2. The matter was argued at length. This Court by an interim order dated 05/06/2009 directed the learned Government Pleader to ascertain whether the petitioners have passed the theory and practical papers undertaken by them. Thereafter, when the matter came up for hearing on 10/06/2009, it was reported by the learned Government Pleader that the first petitioner has failed in Physics and Chemistry and the second petitioner has failed in Physics, Chemistry and Mathematics. 3. In that view of the matter, the direction to declare the result of the examination undertaken by the petitioners cannot be granted. The learned counsel for the petitioners submitted that the petitioners may be permitted to file a representation before the Government since the stand taken in the counter affidavit is that another chance will be given for the petitioners and similarly placed through out the State to secure at least D+ grade in all subjects in the First Year Examination, March 2009, so that they become eligible to write the Higher Secondary Examination next year. If appropriate representation is filed within ten days from today, the first respondent will consider the same and appropriate orders will be passed within two months thereafter. (T.R. Ramachandran Nair, Judge.) ms