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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, SHAJI P. CHALY, JJ.
Yadunandan M. (Minor), S/o. Suresh Babu A. & Ors. - Petitioners
Versus
State of Kerala, represented by The Secretary to Government, Department of General Education, Government Secretariat & Ors. - Respondents
W.P.(C) Nos. 13763, 13378, 13396, 13709, 13820, 13881, 13972, 14112, 14884 of 2021
Decided On : 26-08-2021
Constitution of India,1950 - Article 162,14 - Nazul Rules on September 26, 1981 - Rule 6 - Kerala Education Rules - Rule 10 of Chapter VIII - Education Department to continue with - Policy of awarding of grace marks for S.S.L.C - Writ petitions are materially connected in respect of a communication issued by Additional Secretary to State Government, General Education Department, to Director, Public Education Department, informing that State Government have decided not to award grace marks for general examinations in academic for S.S.L.C & Plus Two examinations, to students participated in extracurricular activities through Scouts and Guides, Student Police Cadet, National Cadet Corps, Junior Red Cross and National Service Scheme Court are of pinion that though a common question arises for consideration, in order to avoid any confusion reliefs sought for in writ petitions are briefly narrated - Whether any interference is required in matter of withdrawal of grace marks for academic –
Finding of the court : Court say also bearing in mind fact that State could achieve very high percentage of pass and high marks when compared to previous academic year and therefore, if any further marks are awarded to a smaller group of student community, it may seriously prejudice other larger student community, competing for higher studies on basis of marks alone - It is also worthwhile to note that grace marks were withdrawn only for academic - law and circumstances, Court have no hesitation to hold that petitioners are not entitled to get any reliefs as are sought in writ petitions – Court are of considered opinion that communication was issued by Additional Secretary to Education Department on basis of a policy decision taken by Government to withdraw grace marks for various reasons including fact that during academic there was no organised extracurricular activities due to COVID-19 pandemic, which is an admitted fact - Further, there is no dispute for any of learned counsel for petitioners that education was imparted during academic year through online in view of safety measures adopted by Central and State Governments to prevent spread of COVID-19 disease -law and circumstances, Court have no hesitation to hold petitioners are not entitled to get any reliefs as are sought in writ petitions –
Result: writ petitions fail, dismissed.
JUDGMENT :
Shaji P. Chaly, J.
The captioned writ petitions are materially connected in respect of a communication dated 29/6/2021 issued by the Additional Secretary to State Government, General Education Department, to the Director, Public Education Department, Thiruvananthapuram informing that the State Government have decided not to award grace marks for the general examinations in the academic year 2020-2021 for the S.S.L.C & Plus Two examinations, to the students participated in extracurricular activities through Scouts and Guides, Student Police Cadet, National Cadet Corps, Junior Red Cross and National Service Scheme. We are of the opinion that though a common question arises for consideration, in order to avoid any confusion the reliefs sought for in the writ petitions are briefly narrated.
2. W.P.(C) No.13820/2021 is a Public Interest Litigation filed by Kerala Students' Union, a students' organisation said to be formed for upholding and protecting the rights of the students, seeking direction to the State and the Education Department to continue with the policy of awarding of grace marks for S.S.L.C and Plus Two examinations in the academic year 2020-2021.
3. W.P.(C)No.13396/2021 is filed by a minor student seeking a writ of mandamus to call for the records leading to Exhibit P2 Government Communication dated 29/6/2021 withdrawing the grace marks and seeking direction to the State and its officials to declare that the students who have participated in the extra curricular activities specified above cannot be deprived of grace marks in S.S.L.C or Plus Two since they have actively participated in COVID prevention works during the year 2020-2021.
4. W.P.(C) No.13378/2021 is filed by a Plus Two student seeking to quash the Government Communication specified above dated 29.6.2021 and for a direction to the respondents to grant 2% grace marks since he was a NSS volunteer having NSS certificate by virtue of Exhibit P1 Government Order dated 27.5.2009 issued by the Government of Kerala bearing No.GO(MS)43/2009/H.Edn., whereby grace marks are offered to NSS volunteers having NSS certificates, NSS volunteers attended national camps and NSS volunteers attended Republic Day camps at the rate of 2%, 3% and 5% respectively.
5. W.P.(C) No.13709/2021 is filed by two Plus Two students seeking to quash Government Communication specified above withdrawing grace marks, and for a further direction to grant grace marks at 3% since they have participated in the activities of Scouts & Guides and NSS by virtue of a Government Order dated 11/1/2016.
6. W.P.(C) No.13763 of 2021 is filed by a S.S.L.C student claiming grace marks on account of participation in Bharat Scouts and Guides activities apart from seeking to quash the Government communication withdrawing grace marks.
7. W.P.(C) No.13881 of 2021 is filed by a Plus Two student seeking 2% grace marks on the basis of NSS certificate.
8. W.P.(C) No.13972 of 2021 is filed by a Plus Two student claiming 2% grace marks on the basis of NSS certificate.
9. W.P.(C) No.14112 of 2021 is filed by a Plus Two student claiming grace marks on the basis of participation in the Scouts Unit apart from challenging the Government Order withdrawing the grace marks.
10. W.P.(C) No.14884 of 2021 is filed by two Plus Two students claiming grace marks on the basis of participation in the Scouts & Guides and NCC respectively.
11. The State Government has filed a statement and an additional statement refuting the claims raised by the petitioners. According to the Government, grace marks are awarded to students who have participated in extracurricular activities in schools so as to help them to cope up with the educational hours lost consequent to participation in such extracurricular activities and thus to support them to come up with such talents during their school days. However, during the academic year 2020-2021 there
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