IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 2^ND DAY OF FEBRUARY 2024/13TH MAGHA, 1945 WP(C) NO. 27057 OF 2023 PETITIONER:

ADITHYA VINOD NAYAR AGED 18 YEARS S/O. VINOD R. NAYAR, RESIDING AT LOTUS PADMAHARA, FLAT NO. 7B KALIKKOTTA PALACE ROAD TRIPPUNITHURA, ERNAKULAM, PIN - 682301 BY ADVS.

SRI R.S.KALKURA SRI M.S.KALESH SRI HARISH GOPINATH SRI P.I.NAJUMAL HUSSAIN RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 ST. ANTONY'S MISSION A SOCIETY REGISTERED UNDER ACT 21 OF 1965 MORNING STAR BUILDING, KACHERIPADY KOCHI-

REPRESENTED BY ITS SECRETARY, PIN - 682018

3 BOARD OF OPEN SCHOOLING & SKILL EDUCATION (BOSSE)

NEAR INDIRA BYPASS, NH-10, GANGTOK EAST SIKKIM-

(EMAIL - CONTACT@BOSSE.AC.IN), PIN - 737102

4 MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS P.O., KOTTAYAM- REPRESENTED BY ITS REGISTRAR, PIN - 686560 SRI. SURIN GEORGE IPE, SC.

SRI VENUGOPAL, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.11.2023, THE COURT ON 02.02.2024 DELIVERED THE FOLLOWING:

T.R. RAVI, J.

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W.P.(C)No.27057 of 2023 --------------------------------------------

Dated this the 2^nd day of February, 2024

JUDGMENT

The petitioner had his Secondary School Education in Dubai up to 10^th standard at Gems Westminster School, Sharjah, affiliated with the International General Certificate of Secondary Education. He returned to India and joined Global Public School, Thiruvaniyoor, for his Plus Two Course and stated that he completed the same during 2022-23. It appears that he did not take the examination and instead enrolled with the Board of Open Schooling and Skill Education (BOSSE), Sikkim, for Senor Secondary, and he passed the examination conducted by the Board. Ext.P7 gives the details of the marks cum certificate issued by the 3^rd respondent, and it is seen that he has passed the examination held in April 2023, and a certificate was issued on 31.05.2023. On the basis of the above certificate, he sought admission for B.Voc. in Sports Nutrition and Physiotherapy at St. Albert's College, Ernakulam. The petitioner was directed by the College authorities to produce an eligibility certificate indicating that the certificate granted by the 3^rd respondent is sufficient for joining the degree course in St.Albert's College, affiliated with the 4^th respondent University. The petitioner approached the University. By Ext.P12 order dated 20.07.2023, the 4^th respondent rejected the request of the petitioner for an eligibility certificate, stating that instead of going through the regular mode of studying 10+2, the petitioner has undergone a one-time sitting in the examination conducted by the 3^rd respondent and hence eligibility certificate cannot be granted for the purpose of continuing studies under the Colleges affiliated to the 4^th respondent University. It is stated in the order that the University is granting eligibility only for private/open school examinations, which are conducted in the regular mode of 10+2. It is in the above circumstances that the petitioner has approached this Court.

2. The Standing Counsel for the 4^th respondent University has filed a statement stating that since the petitioner had undergone the examination on a single sitting mode, it cannot be considered for the purpose of eligibility. It is further stated that open school examinations are recognised and granted eligibility certificate, provided the candidate undergoes the examinations under the 10+2 mode. It is also stated that the only exception is the one year programme under the National Institute of Open Schooling (NIOS), which is conducted by the Ministry of Human Resource Development, Government of India and has been duly recognised by the Academic Council of the 4^th respondent University. It is further stated that one-year programmes conducted by the Bihar Board Examinations is not recognise