State must consider CBSE policy relaxations when relying on its circulars for admission eligibility.

JUDGMENT

Petitioner has sought for the following reliefs:

i. To issue a writ of mandamus directing the 2^nd respondent to admit the petitioner to the Higher Secondary Science group comprising Mathematics, Physics, Chemistry, Computer Science, English and Malayalam for the academic year 2025- 2026, notwithstanding the fact that the petitioner had studied Basic Mathematics in the 10th Standard;

ii. To issue a writ of mandamus directing the 2^nd respondent to process the petitioner's Application No.50922 and grant admission to the petitioner to the group sought, in accordance with the Exhibit P7 CBSE Notification and without any further obstruction;

iii. To issue a writ of mandamus declaring that the refusal of admission by the 2^nd respondent as per Exhibit P6 Memo and Exhibit P8 Prospectus is arbitrary, discriminatory, and violative of Article 14 of the Constitution of India .

2. The petitioner had completed his 10^th Standard in the CBSE Curriculum from a school in Doha, Qatar. Subsequently, petitioner chose to pursue his Higher Secondary Education in Kerala under the Kerala State Syllabus, instead of continuing in the CBSE stream. Thereafter, he registered himself with State Council for Open Lifelong Education (SCOLE-Kerala). However, by memo dated 20.09.2025, petitioner was informed that, since he had studied basic mathematics and not standard mathematics till X^th standard, he cannot be granted admission to any subject combination that includes mathematics. On the above basis, the application submitted by the petitioner as Ext.P4 was rejected by Ext.P6 order dated 20.09.2025.

3. Petitioner contends that Ext.P8 circular relating to the open schooling, refers to the prior circular No.3/2019 dated 10.01.2019. The said circular, as far as CBSE is concerned, has undergone a change by virtue of a relaxation order issued from the Academic Year 2025–2026 onwards, wherein it is stated that students who opted for Mathematics Basic are also permitted to offer Mathematics in Class XI.

4. According to the petitioner, the relaxation introduced by CBSE was not taken note of by the State authorities while issuing Ext. P6 order. It is contended that, had the said relaxation been brought to the notice of the 2nd respondent, the benefit granted by CBSE would certainly have been extended to the petitioner.

5. Having heard the learned counsel for the petitioner as well as the respective counsels for the respondents, I am of the view that the 2^nd respondent ought to consider the claim of the petitioner raised in Ext.P9 in the light of the relaxation granted in respect of CBSE schools.

6. Of course, this Court is wary of the fact that the relaxation granted to CBSE schools, noted above, need not necessarily be adopted by the 2^nd respondent. However, since circular No.3/2019 was relied upon by the 2^nd respondent, the relaxation granted to it may have some bearing in relation to the request of the petitioner. The said aspect can hence be considered by the 2^nd respondent.

Accordingly, there will be a direction to the 2^nd respondent to consider and pass appropriate orders on Ext.P9 application submitted by the petitioner dated 21.02.2026, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.