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2025 DIGILAW 2410 (KER)

Sreeranjana C. N. D/o C. K. Nandakumar v. State of Kerala

2025-09-10

N.NAGARESH

body2025
JUDGMENT : N. NAGARESH, J. 1. The petitioner, who is a Plus Two student, is before this Court seeking to quash Ext.P13 and to command the 4 th respondent to publish the score sheet of the Physics Terminal Examination for the Second Year Higher Secondary Examination (Plus Two) undertaken by the petitioner on 26.06.2025 untrammeled by Ext.P13 order. 2. The petitioner appeared for Plus One Examination in March, 2024. Ext.P1 score sheet issued to the petitioner would indicate that the petitioner has scored cent percent marks in English, Malayalam, Physics and Chemistry examinations. In the remaining Biology and Mathematics examinations also, the petitioner has scored more than 90% marks. In the subsequent Plus Two final year, though the petitioner appeared for English examination on the day of Physics examination, the petitioner suffered a seizure. In spite of seizure, the petitioner went to the examination hall, but she could not write the examination. In the examinations for the subjects Biology and Chemistry on the ensuing dates, the petitioner remained absent. 3. As the petitioner is a meritorious student, the petitioner wanted to appear for the SAY examination to appear in Physics, Biology and Chemistry examinations, which were missed by the petitioner. The petitioner was granted permission to appear in Biology and Chemistry SAY examinations as the petitioner did not attend those examinations in March, 2025. However, the petitioner was denied permission to appear for SAY examination for the subject Physics on the ground that the petitioner had attempted the examination earlier. 4. The petitioner’s father submitted representations before the authorities stating that though the petitioner went to the examination hall on 05.03.2025, the petitioner could not attempt the examination due to the seizure suffered by the petitioner. The petitioner’s father made available Ext.P9 Medical Certificate also from the Consultant Psychiatrist. 5. The Government considered the entire facts of the case and issued Ext.P10 order dated 30.05.2025 stating that the petitioner may be permitted to appear for the SAY examination in Plus Two Biology and Chemistry and to appear in the improvement examination for the subject Physics after paying requisite fee, as a special case. 6. The petitioner states that the petitioner remitted the fee as per Ext.P11. The Principal of the School permitted the petitioner to appear for the improvement examination in the subject Physics, which was held on 26.06.2025. 6. The petitioner states that the petitioner remitted the fee as per Ext.P11. The Principal of the School permitted the petitioner to appear for the improvement examination in the subject Physics, which was held on 26.06.2025. However, to the predicament of the petitioner, the result of Plus Two improvement examination was not declared. On enquiry, the petitioner found that the Government has subsequently issued Ext.P13 order dated 26.07.2025 cancelling the earlier Ext.P10 special order issued on 30.05.2025. The petitioner is aggrieved by Ext.P13 order. 7. The petitioner would submit that permission granted to the petitioner in Ext.P13 order to register for the improvement examination is of no consequence to the petitioner since she had secured D+ or above grade in Physics by virtue of the fact that she has secured 100% mark in the First Year Higher Secondary Examination itself. 8. As per the Notification for conduct of Higher Secondary Examinations, 2025 the scores obtained in the First Year Higher Secondary Examination (Plus One) shall be carried forward to the Second Year and the combined scores of the first and second year examinations and grades obtained thereupon shall determine the eligibility. As the petitioner has scored 100% marks in the first year, she would still achieve a combined percentage of 50% for two years. At the same time, a candidate becomes eligible to register for an improvement examination under the Notification for the conduct of Higher Secondary Examinations, 2025 only if she has failed to attain D+ or above grade. 9. The petitioner would urge that taking into consideration the medical status of the petitioner and what has occurred on 05.03.2025, the petitioner should be treated as absent in the Physics examination. There is no justification for issuing Ext.P13 order cancelling Ext.P10 special order. 10. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that in the 2025 Second Year Higher Secondary Annual Examination, the petitioner, who appeared under Register No.24170463, did not attend the Chemistry and Biology examinations. Accordingly, the petitioner has not qualified for higher education. 11. The eligibility to register for Second Year Higher Secondary SAY/Improvement Examination is the following: “(a) Candidates who registered for the Second Year Higher Secondary Examination March 2025, but failed to become eligible for higher studies can appear for this examination. Such candidates shall register for all subjects for which they failed to attain D+ grade or above. 11. The eligibility to register for Second Year Higher Secondary SAY/Improvement Examination is the following: “(a) Candidates who registered for the Second Year Higher Secondary Examination March 2025, but failed to become eligible for higher studies can appear for this examination. Such candidates shall register for all subjects for which they failed to attain D+ grade or above. (b) Regular candidates who attended the Second Year Higher Secondary Examination March, 2025 and attained D+ grade or above or all subjects are eligible to appear for improvement examination to improve their grade of any one subject only. Private compartmental candidates are not eligible to attend improvement Examination.” 12. The Government Pleader submitted that the petitioner, who appeared for the Second Year Higher Secondary Examination in 2025, but did not qualify for higher studies, is eligible only to write the SAY examination. However, the application submitted by the petitioner requesting to write the improvement examination for Physics subject, which she had already passed by considering the marks of both the first and second years was rejected. Nevertheless, the petitioner submitted the same request to the Government and obtained special order. The 2 nd respondent informed the Government that it was not possible to implement the said special order and the Government accepted the same and withdrew the order granting the petitioner permission to write the improvement examination. 13. During this period, SAY/improvement examinations commenced and the petitioner was issued a hall ticket to write only the Chemistry and Biology subjects in the SAY examination. However, the Principal allowed the petitioner to write the improvement examination without obtaining permission from the Secretary, Board of Higher Secondary Examination, which is contrary to the provisions of the Examination Manual. Since the petitioner wrote the examination in violation of the examination rules, her answer script was not evaluated. If the writ petition filed by the petitioner is allowed, it would amount to denying justice to other students. 14. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 15. The facts are not in serious dispute. In the Plus Two Second Year Examination, the petitioner appeared for the subject English on 03.03.2025. On 05.03.2025, the petitioner suffered a seizure. In spite of seizure, the petitioner went to the examination hall. However, the petitioner could not attend the examination. 15. The facts are not in serious dispute. In the Plus Two Second Year Examination, the petitioner appeared for the subject English on 03.03.2025. On 05.03.2025, the petitioner suffered a seizure. In spite of seizure, the petitioner went to the examination hall. However, the petitioner could not attend the examination. On the subsequent days, namely on 07.03.2025 and 10.03.2025, the petitioner remained absent for Biology and Chemistry examinations. The petitioner was permitted to appear for SAY examination for Biology and Chemistry. But, the petitioner was not permitted to appear for Physics examination on the ground that the petitioner had appeared in the Physics examination. 16. It is evident that the petitioner has psychological problem and was under treatment. On 05.03.2025, the petitioner went to the examination hall, but she could not attempt to answer the question paper due to seizure. Ext.P4 indicates that the petitioner was taken to the Thrissur District Co-operative Hospital on 05.03.2025, which is the date of Physics examination. 17. Subsequently, on the basis of the representation submitted by the petitioner’s father, the Government issued Ext.P10 order. A reading of Ext.P10 would indicate that the Government has applied its mind while taking that decision, and following the norms of the examination, the petitioner was permitted to appear for SAY examination for Plus Two Biology and Chemistry subjects and at the same time, permitted the petitioner to appear for the improvement examination for Plus Two Physics. Ext.P10 order is dated 30.05.2025. Ext.P10 would indicate that a copy of the special order of the Government was forwarded to the Principal of the School also. 18. Ext.P11 would indicate that pursuant to Ext.P10 order, the petitioner remitted requisite fee. On the basis of Ext.P10 special order, the Principal permitted the petitioner to appear for the examination, though in the hall ticket issued to the petitioner the subject Physics was not indicated. 19. Ext.P13 order passed by the Government subsequently on 26.07.2025 states that the Director of Public Instruction had informed the Government that the improvement examination can be resorted to only by a student, who has passed in all examinations. Ext.P13 further states that in order to permit the petitioner to appear for the improvement examination, the software has to be re-designed / changed. It is on these grounds that Ext.P13 order has been issued cancelling Ext.P10 order. 20. Ext.P13 further states that in order to permit the petitioner to appear for the improvement examination, the software has to be re-designed / changed. It is on these grounds that Ext.P13 order has been issued cancelling Ext.P10 order. 20. The Government Pleader would contend that after Ext.P10 was issued on 30.05.2025 and later, taking into consideration the examination manual and the difficulties faced in the portal maintained by the authorities, the matter was brought to the notice of the Government and the Government promptly cancelled Ext.P10 order, which permitted the petitioner to appear for the improvement examination. 21. However, it is to be noted that Ext.P10 was issued on 30.05.2025 with a copy to the Principal. The petitioner remitted the requisite fee on 31.05.2025. The improvement examination was held on 26.06.2025. It is after one month of the examination that Ext.P13 order has been issued by the Government. 22. I find that the petitioner is a meritorious student, who has scored very high marks in the Plus One examination conducted in March, 2024. The petitioner has scored cent percent marks for the subjects English, Malayalam, Physics and Chemistry and has scored more than 90% marks in the subjects Biology and Mathematics. It is due to the extreme medical reason that the petitioner could not write the Plus Two examination in the subject Physics on 05.03.2025. On that day, though the petitioner entered the examination hall, the petitioner could not attempt the examination. Therefore, for all practical reasons, the petitioner ought to have been treated as absent for the Physics examination, which was conducted on 05.03.2025. It is taking into consideration the peculiar facts of the case that the Government has issued Ext.P10 order. 23. After permitting the petitioner to appear for the examination and after one month of the examination, it would not be just and proper for the Government to issue Ext.P13 cancelling Ext.P10 order. The respondents will be estopped from taking such extreme steps in the facts of the case. The writ petition is therefore disposed of setting aside Ext.P13 order and directing the 4 th respondent to publish the score sheet of the Physics Terminal Examination for the Second Year Higher Secondary Examination (Plus Two) undertaken by the petitioner on 26.06.2025 untrammeled by Ext.P13 order. The writ petition is therefore disposed of setting aside Ext.P13 order and directing the 4 th respondent to publish the score sheet of the Physics Terminal Examination for the Second Year Higher Secondary Examination (Plus Two) undertaken by the petitioner on 26.06.2025 untrammeled by Ext.P13 order. It is made clear that this direction is given in the special circumstances of the case and shall not be treated as a precedent.