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2025 Supreme(Ker) 2512

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
 
State of Kerala, Represented By Secretary To Government, Higher Education Department, Government Secretariat, Thiruvananthapuram and Anr. – Appellants 
Versus
Garry Vino George and Anr. – Respondents
WA No. 1699 of 2025, WA No. 1700 of 2025, WA No. 1701 of 2025, WA No. 1702 of 2025, WP(C) No.25230 of 2025
Decided On : 10-07-2025 

Advocates Appeared:
For the Appellants :Government Pleader, Sri. K. Gopalakrishna Kurup, Advocate General, Shri. N. Manoj Kumar, State Attorney Sri. P.G. Pramod, Senior Govt. Pleader.
For the Respondents: Sri. Kurian George Kannanthanam (SR), Sri. Tony George Kannanthanam, Sri. Thomas George, Sri. Ebee Antony, Sri. Aith George Koola.

The court upheld that changing admission criteria post-examination is arbitrary and violates fairness principles, enforcing that established rules must be maintained throughout the admission process.

Headnote:(A) Kerala High Court Act, 1958 - Clause 1.6 of the Prospectus-2025 - Amendment of standardization formula for engineering admission - The State's order changing the prospectus was deemed arbitrary as it altered rules just before result publication, violating principles of fair opportunity and equality. The court reiterated that rules set prior to the examination must be adhered to. (Paras 5, 31, 46)

(B) Fairness in Admissions - It is emphasized that admission criteria must remain consistent post-examination to ensure equal treatment and prevent arbitrary disadvantages to students based on administrative changes. (Paras 36, 50)

Facts of the case:
Students challenged G.O.(Ms.)No.470/2025/HEDN amending admission criteria for engineering courses, claiming it altered established regulations post-examination.

Findings of Court:
The change to the standardization formula was found arbitrary and inconsistent with previously approved guidelines.

Issues: Whether the State can amend admission criteria post-examination, and whether such changes violate the principle of fairness.

Ratio Decidendi: The court held that amendments to the prospectus made after commencement of the admission process are impermissible and arbitrary, ensuring adherence to principles of fairness and equality.

Result: Appeals dismissed.

Table of Content
1. writ petitions challenge amendment to admission prospectus. (Para 1 , 2 , 3)
2. arguments on government authority to change standardization. (Para 4 , 9 , 10)
3. court's observations on the timing of changes to rules. (Para 5 , 6)
4. committee’s recommendation against immediate changes to standardization. (Para 19 , 26 , 29)
5. court's ruling against the validity of government amendments. (Para 44 , 48)

JUDGMENT :

Anil K. Narendran, J.

W.A.Nos.1699, 1700, 1701 and 1702 of 2025 filed by the State of Kerala and others under Section 5(i) of the KERALA HIGH COURT ACT , 1958 arise out of a common judgment dated 09.07.2025 of the learned Single Judge in W.P.(C)Nos.24976, 24951, 25180 and 24767 of 2025. The said writ petitions were filed by the respondent(s) in W.A.Nos.1699, 1700 and 1701 of 2025 and respondents 1 and 2 in W.A.No.1702 of 2025. Respondents 3 and 4 in W.A.No.1702 of 2025 are additional respondents 3 and 4 in W.P.(C)No.24767 of 2025.

2. The petitioners in those writ petitions are students who have completed 12th Standard education from the CBSE stream of syllabus. For pursuing professional degree courses in Engineering, they submitted online applications in response to the Prospectus for Admission to Professional Degree Courses- 2025 (for brevity, ‘Prospectus-2025’) issued by the Commissioner for Entrance Examinations, Kerala (for brevity, ‘CEE, Kerala’). They appeared for the entrance examination KEAM-2025 for Engineering courses, held from 22.04.2025 to 30.04.2025. Additional respondents 3 and 4 in W.P.(C)No.24767 of 2025, who are respondents 3 and 4 in W.A.No.1702 of 2025, are students who have completed 12th Standard education in Kerala Higher Secondary stream.

3. The common challenge in the writ petitions was against G.O.(Ms.)No.470/2025/HEDN dated 01.07.2025 issued by the State of Kerala, whereby the standardization formula in the Prospectus for Admission to Professional Degree Courses- 2025 was changed by the State. The said order is one issued invoking the provisions under Clause 1.6 of the Prospectus-2025, which was approved by the Government vide G.O.(Ms.)No.97/ 2025/HEDN dated 19.02.2025, on the ground that there exists a disparity while standardising the marks of those students who completed 12th Standard education in Kerala Higher Secondary stream and other streams, including CBSE. Other consequential reliefs were also sought for in the writ petitions.

4. In W.P.(C)No.24951 of 2025, the 2nd respondent Commissioner for Entrance Examinations, Kerala, has filed a counter affidavit dated 08.07.2025, opposing the reliefs sought for, producing therewith Ext.R2(a) calculation statement of standardised marks in respect of the writ petitioners, who are CBSE students and those candidates with identical marks in the Kerala Higher Secondary stream, using the earlier method and new method of standardization. In W.P.(C)No.24767 of 2025 also, the 2nd respondent Commissioner for Entrance Examinations has filed a counter affidavit dated 07.07.2025.

5. After considering the rival contentions, the learned Single Judge, by the impugned judgment dated 09.07.2025, disposed of the writ petitions subject to the observations and directions contained therein. The learned Single Judge found that after the conduct of the entrance examination, the Government is denuded of its power, even under Clause 1.6 of the Prospectus-2025, to change the prospectus. Rules of the game cannot be changed midway, once the game has begun. Prima facie, it appears that somebody looked at the results and found that students from the Kerala stream have not done fairly good. To satisfy the constituency, such a mala fide decision has been taken, in an arbitrary manner, to change the Prospectus on 01.07.2025, one hour before the publication of the result. Such an exercise of power is wholly arbitrary, illegal, unjustified and cannot be countenanced on any ground. The learned Single Judge noticed that though the learned Senior Government Pleader has veh

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