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2022 Supreme(Ker) 880
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Raja Vijayaraghavan V., J.
Tessna Tomy D/o. Tomy Joseph – Petitioners
Versus
State of Kerala – Respondents
W.P.(C) No. 18380 of 2022
Decided On : 02-11-2022`
For the Petitioners: S. Mohammed Al Rafi.
For the Respondents: Smt. Shameena Salahudeen S.C., Sri Thomas Abraham S.C., Smt. Sarojini G.P.
Point of Law: Failure on part of University in conducting exams strictly in accordance with academic calendar cannot be a reason to deprive students like petitioners who had passed examination with flying colors.
Headnote:
Constitution of India, 1950 - Article 226 - Empowers all the High Courts of India to issue the writs - Government has entrusted responsibility to conduct SET upon LBS Centre for Science and Technology, respondent prospectus for examination approved by Government - It would be grossly inequitable and unbecoming of academic organizations to rely on reasons not attributable to the candidates to deprive them of the certificate, which they had become entitled to on the dint of their sheer hard work. (Para 13).
Finding of the Court: Court find from Annexure-R4(f) that University was also cognizant of difficulties that the students were likely to face - It was in said circumstances that they had pleaded with Government to consider cause of students sympathetically - Government has relied on certain matters which have nothing to do with facts of instant case to deny request made by University - Having considered entire facts, Court of considered opinion that reasons given by respondents to refuse SET certificate to petitioners cannot be sustained under law.
Result: Petition allowed.
JUDGMENT :
1. The petitioners herein are students pursuing their B.Ed. Degree Course in various B.Ed. Colleges that are affiliated to the University of Kerala. They have approached this Court with this writ petition filed under Article 226 of the Constitution of India, seeking issuance of directions to the LBS Center for Science and Technology, the 3rd respondent herein, to issue State Eligibility Test (SET) Certificates in terms of Exhibits P4 to P7 SET Results declared in their favour. They have also sought for issuance of directions to the 4th respondent University to issue a declaration that the petitioners herein are undergoing their final year B.Ed Course from 17.08.2021 onwards.
2. Brief facts of the case are as under:
By order dated 06.06.2011, the Government has entrusted the responsibility to conduct SET upon the LBS Centre for Science and Technology, the 3rd respondent herein. Ext.P1 is the prospectus for the examination approved by the Government as per G.O.(Rt.) No. 4480/2021/GEDN dated 08.10.2021. Clause 5.7 of the prospectus reads as under:
“Candidates who have acquired their Master's Degree with the minimum required marks for eligibility to apply for SET and are undergoing the final year course for B.Ed Degree are eligible to apply for the test. Similarly candidates who have acquired their B.Ed. degree and are undergoing the final year of their Post Graduate Programme are also eligible to apply for the test. Such candidates must produce the Certificates of their qualifying examinations passed with the minimum required marks within one year from the date of publication of the results of the State Eligibility Test, failing which they shall be treated as disqualified.”
3. The petitioners fall within the category of candidates who have already acquired the Master’s Degree with the required marks. According to them, they had all joined the B.Ed Degree course 2020-2022 in various colleges affiliated with the 4th respondent University. The requirement in the prospectus is that they should be undergoing the Final Year Course for B.Ed. The petitioners assert that the III and IV Semesters constitute the Final Year B.Ed Degree course and as per Ext.P2 academic calendar, 2020, the III Semester is scheduled to commence from 17.8.2021. In terms of the academic calendar, the petitioners were eligible to apply for SET 2022. They rely on Ext.P3 certificate dated 6.4.2022 issued by the Principal, Emmanuel College of B.Ed Training, and it is contended that as per the academic calendar, the III Semester (2nd year) of the course is to commence from 17.8.2021.
4. Relying on the provisions of Ext.P1 prospectus, Ext.P2 academic calendar, and the respective certificates issued by the Principal of the Colleges, the petitioners applied for the SET exam. As is evident from Exts.P4 to P7, the provisional certificates were issued to each of the petitioners stating that they have all passed the test, which was conducted on 09.01.2022.
5. The grievance of the petitioners is that after they have passed the SET, the respondents are refusing to issue the certificates on the ground that the petitioners were actually not B.Ed II-year students when they appeared for the SET exam. Such a view has been taken by the respondents due to the delay that has occasioned in conducting the II-year B.Ed exam owing to the lockdown declared by the Government. According to the petitioners, the respondents are not justified in holding so, particularly when the exams were delayed for no fault of theirs. According to the petitioners, the I-year course was over in terms of the academic calendar, and all that remained was the conduct of the exam. It is on these assertions that this writ petition is filed seeking the following reliefs:
i) To issue a writ of mandamus or any other appropriate writ or order or direction, commanding the 3rd respondent to issue SET Certificat
