By Amit Naik , Law Updates Made Simple.
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Case Law
Subject : Education Law - Examinations
Kochi: In a significant turn of events, the Kerala High Court has closed a writ petition filed by a student who was initially declared 'failed' after the Union Government retroactively reduced the passing percentage for his course, thereby making him eligible for his certificate.
Justice D. K. Singh observed that in light of the government's policy change, the student's grievance no longer survived, leading to the closure of the case.
The petitioner,
However, due to an administrative error, the ITI had mistakenly uploaded his result as 'passed' on the official portal before correcting it back to 'failed'. Aggrieved by this and seeking a final resolution,
The case took a decisive turn when the Union of India, represented by the Ministry of Skill Development and Entrepreneurship, filed its counter-affidavit. The government submitted that a crucial policy decision had been made concerning trainees admitted under the National Skills Qualifications Framework (NSQF) compliant curriculum from the August 2018 session onwards.
According to the new policy, the passing marks for theoretical papers under the Craftsmen Training Scheme (CTS) were reduced from 40% to 33%. The passing standard for practical examinations remained unchanged at 60%.
The government's submission revealed that this reduction in passing criteria directly benefited the petitioner. As a result of the new policy,
In his judgment, Justice D. K. Singh noted:
"In view of the said decision to reduce the passing percentage in theoretical papers from 40% to 33%, the petitioner has been declared passed and his result has been uploaded online... In view of the aforesaid, nothing survives in this writ petition and the same is hereby closed."
The court's decision brings an end to the student's uncertainty. While the petition was filed to correct a perceived error by the ITI, the ultimate relief came through a broader policy change implemented by the Central Government, effectively resolving the matter during the pendency of the litigation.
#KeralaHighCourt #EducationLaw #ITIRules
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