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2021 Supreme(Online)(KER) 19426
HIGH COURT OF KERALA
ANU SIVARAMAN, J
JAYACHANDRAN B., – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/1054/2020
SMT.SREEDEVI KYLASANATH, SRI.ACHUTH KYLAS, SRI.R.MAHESH MENON, SRI.DEAGO JOHN K, SHRI.AMAL DEV C.V.
The court established that individuals have the right to access examinations in their native language, influencing fair assessment and educational opportunities.
Headnote:
Examination - Writ Petition - N/A - The court ruled that the petitioners, having availed all opportunities, are granted one additional chance to appear for the AITT examination with question papers in their preferred language, thus interpreting the right to language access in examinations.
Fact of the Case:
The petitioners sought directions to be allowed to appear in failed subjects of a trade exam and requested question papers in their native language. The respondents had previously indicated no further chances after a series of attempts.
Finding of the Court:
The court acknowledged the respondents' undertaking to provide question papers in the petitioners' language and granted them an additional chance to appear in the examination under the new curriculum.
Issues: Whether the petitioners should be allowed an additional opportunity to take the examination with question papers in their preferred language.
Ratio Decidendi: The court emphasized the importance of language accessibility in examinations, as it affects the petitioners' right to fair examination conditions.
Final Decision: The writ petition is closed with a ruling to grant one additional opportunity to the petitioners.
JUDGMENT
Dated this the 8th day of January 2021 This writ petition is filed seeking directions to the respondents to grant the petitioners a chance to appear in the failed subjects of the All India Trade Test for Wire Man examination. It is submitted that the respondents are duty bound to give the petitioners question papers in Malayalam language so that they can attempt the examinations in the failed papers.
2. A statement has been placed on record by the Central Government Counsel. It is submitted that the petitioners had availed all the six chances and that the conventional system of training and examination had been discontinued by the DGT after August 2017. It is submitted that pursuant to the interim order issued by this Court for a consideration of the case of the petitioners, the respondents have decided that a one time relaxation shall be given in respect of the petitioners by permitting them to appear in the next AITT examination in annual pattern as per the new curriculum. It is further submitted that the petitioners will be provided question papers in Malayalam language. However, no further chances will be provided to the petitioners.
In view of the fact that the respondents have undertaken to provide question papers in Malayalam language to the petitioners, I am of the opinion that nothing further requires to be considered in this writ petition. The writ petition is closed recording the submission made that the petitioners will be given one additional chance to appear in the next AITT examination in the annual pattern and that the question papers will be provided in the Malayalam language.
Sd/-
ANU SIVARAMAN sab JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF LETTER NO. DGE & T
19.04.2011 CD. (PT) DATED 16.07.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE TRAINING MANUAL (APPENDIX VIII , PARA 4A).
EXHIBIT P3 A TRUE COPY OF THE ALL INDIA TRADE TEST EXAMINATION RESULT 2012.
EXHIBIT P3(A) A TRUE COPY OF THE ALL INDIA TRADE TEST EXAMINATION RESULT 2013.
EXHIBIT P4 A TRUE COPY OF THE DETAILS OF MARK OF
2ND PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P5 A TRUE COPY OF THE DETAILS OF MARK ISSUED BY THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, CHACKAL, THIRUVANANTHAPURAM.
EXHIBIT P6 A TRUE COPY OF THE G.O. 749/2019 DATED
26.06.2019.
EXHIBIT P7 A TRUE COPY OF REPRESENTATION DATED
17.06.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P7(A) A TRUE COPY OF REPRESENTATION DATED
17.06.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF REPRESENTATION DATED
17.06.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8(A) A TRUE COPY OF REPRESENTATION DATED
07.07.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 A TRUE COPY OF REPRESENTATION DATED
05.07.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9(A) A TRUE COPY OF REPRESENTATION DATED
05.07.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED
06.11.2018 OF 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF ORDER DATED 19.07.2016 IN I.A. NO. 11496/2016 IN WPC NO. 7355 OF 2015 OF THIS HONBLE COURT.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED
08.02.2017 OF THIS HONBLE COURT IN WPC
7355 OF 2015.
EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED
08.06.2017 OF THIS HONBLE COURT IN WPC
38237 OF 2016.
EXHIBIT P14 A TRUE COPY OF THE JUDGMENT DATED
31.10.2017 OF THIS HONBLE COURT IN WPC
34651 OF 2017.
EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION DATED
29.12.2014.
EXHIBIT P16 A TRUE COPY OF THE JUDGMENT DATED
17.07.2019 PASSED BY THIS HONBLE COURT IN WPC NO. 19451 OF 2019.
EXHIBIT P17 A TRUE COPY OF THE ORDER NO. MSDE
18015/12/2019 / KERALA TTC DATED
10.12.2019.
