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2022 Supreme(Online)(KER) 17323
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
POOJA SHANKUMAR, – Appellant
Versus
STATE OF KERALA, – Respondent
WP(C)/36467/2022
S.MOHAMMED AL RAFI, K.AMBILY, SMT.ANIMA, SRI.THOMAS ABRAHAM, SMT.SHAMEENA SALAHUDHEEN
The court established that administrative delays should not negate a candidate's eligibility or accomplishments under the academic framework.
Headnote:
Eligibility - Education - Article 226 - Constitution of India - The court determined that the petitioner, despite delays in examinations caused by the pandemic, was eligible for the State Eligibility Test based on academic calendar provisions.
Fact of the Case:
The petitioner, a B.Ed student, sought a writ to issue SET certificates after passing the exam, arguing that delays in the II-year exam due to COVID-19 should not disqualify her from receiving certification based on eligibility criteria.
Finding of the Court:
The court concluded that the petitioner was eligible for SET based on the academic calendar, noting that delays in conducting examinations were not her fault and that denying her certificate would be inequitable.
Issues: Whether the petitioner was eligible for the SET despite not being a formally recognized II-year student due to examination delays caused by the pandemic.
Ratio Decidendi: The court found that the petitioner had complied with the academic calendar and could not be penalized for the university's administrative delays, reinforcing the principle of equitable treatment in academic evaluations.
Final Decision: The writ petition was allowed, directing issuance of SET certificates and recognition of eligibility.
The petitioner herein is a student who has completed and passed B.Ed. Degree from the College affiliated to the University of Kerala. She has 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 Exhibit P3 declared in her favor. She has also sought for issuance of directions to the 4th respondent University to issue a declaration that the petitioner herein was undergoing the 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 petitioner falls within the category of candidates who had already acquired the Master’s Degree with the required marks. According to her, she had joined the B.Ed Degree course 2020-2022 in a college 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 petitioner asserts 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 17.08.2021. In terms of the academic calendar, the petitioner was eligible to apply for SET 2022.
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 petitioner applied for the SET exam. She appeared for the test, which was conducted on 09.01.2022, and Ext.P3 would reveal that she has passed the exam.
5. The grievance of the petitioner is that after she had passed the SET, the respondents are refusing to issue the certificates on the ground that the petitioner is actually not a B.Ed II-year student when she 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 petitioner, the respondents are not justified in holding so, particularly when the exams were delayed for no fault of hers. According to the petitioner, 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 certificates as per Ext.P3 SET results to the petitioner forthwith;
ii) to issue a writ of mandamus or any other appropriate writ or order or direction, commanding the 4th respondent University to issue a declaration that the petitioner was undergoing final year B.Ed course with effect from 17.8.2021;
iii) issue an appropriate writ or order declaring that petitioner is eligible to apply for SET Exam 2022 and entitled to get SET certificates.
6. A statement has been filed by the Unive
