Aravind, vs Union of India

Type Court Judgment Court Kerala Decided Sep 23, 2020

~5 min read

https://sooperkanoon.com/case/1795011

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1795011
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Sep 23, 2020
Case Number: WP(C)/16740/2020

Parties & Advocates

Appellant / Petitioner

Aravind,

Respondent

Union of India

Excerpt

.....institute of open schooling (ios) has approached this court impugning ext.p5 notification, as per which, students have been allowed to be evaluated on the basis of their tutor mark assignment (tma) along with the practical marks, on account of the fact that in view of the covid-19 pandemic restrictions, no examinations had been conducted.2. according to the petitioner, the ios has now taken astand that his tma has not been submitted and therefore, that his academic evaluation cannot be done. the petitioner further says that even though the ios admits that they have not been able to conduct the examinations in time, he has been marked absent in various subjects including economics, accountancy and home science and thus prays that they be directed to issue him a fresh mark list showing him as having cleared these subjects on the basis of his internal evaluation.3. the learned standing counsel for the ios - sri.t.k.venugopal, submits that ext.p5 notification has been, infact, issued so as to benefit students like the petitioner, because it was felt that they should not be prejudiced merely because the conduct the examinations, on account of the covid-19 pandemic, has been possible. he says that, as is clear from the said notification, all students, who has already submitted their tma will be evaluated based on the same and then issued certificates showing to have either qualified or otherwise. he says that, therefore, the petitioner's challenge against ext.p5 is not tenable; adding that the petitioner appears to be aggrieved only because his tma has yet not beensubmitted though the last date for it was 31.01.2020; andconsequently, that he has been shown as 'absent'. he then submitted that if the petitioner is so inclined, the ios is willing to allow him to present his tma before 30.09.2020 and that he can thereafter, take part in the examinations that the ios intends to conduct in october, 2020, which, however, he says will be subject to the covid-19.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942 PETITIONERS: ARAVIND, AGED 19 YEARS S/O S ARUN KUMAR, SENIOR SECONDARY COURSE STUDENT, NATIONAL INSTITUTE OF OPEN SCHOOLING, VATTAVILAKAM HOUSE, TCR/3240- OPPOSITE ARCH, BISHOP HOUSE PATTOM P.O.KERALA-695 004. BY ADVS. SRI.E.ADITHYAN SMT.MEERA RAMESH RESPONDENTS:
1 UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT OF INDIA OF INDIA, NEW DELHI. 2 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2 COMMUNITY CENTER, PREET VIHAR, DELHI-110 031, REP.BY ITS CHAIRMAN. 3 NATIONAL INSTITUTE OF OPEN SCHOOLING, REPRESENTED BY ITS CHAIRMAN, YMCA COMPLEX,(RTI) SECTOR 11-C, CHANDIGARH 1600 011. 4 NATIONAL INSTITUTE OF OPEN SCHOOLING REGIONAL CENTER, REPRESENTED BY ITS REGIONAL DIRECTOR, 6 KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI, KERALA-682 036. BY SRI.KRISHNADAS P.NAIR, CGC BY SRI.NIRMAL S., SC BY SRI.T.K.VENUGOPALAN-SC BY SRI.P.VIJAYAKUMAR-ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner, who is stated to be a student of the Senior Secondary Course offered by the National Institute of Open Schooling (IOS) has approached this Court impugning Ext.P5 notification, as per which, students have been allowed to be evaluated on the basis of their Tutor Mark Assignment (TMA) along with the practical marks, on account of the fact that in view of the COVID-19 pandemic restrictions, no examinations had been conducted.

2. According to the petitioner, the IOS has now taken a

stand that his TMA has not been submitted and therefore, that his academic evaluation cannot be done. The petitioner further says that even though the IOS admits that they have not been able to conduct the examinations in time, he has been marked absent in various subjects including Economics, Accountancy and Home Science and thus prays that they be directed to issue him a fresh Mark List showing him as having cleared these subjects on the basis of his internal evaluation.

3. The learned Standing Counsel for the IOS - Sri.T.K.Venugopal, submits that Ext.P5 notification has been, in

fact, issued so as to benefit students like the petitioner, because it was felt that they should not be prejudiced merely because the conduct the examinations, on account of the COVID-19 pandemic, has been possible. He says that, as is clear from the said notification, all students, who has already submitted their TMA will be evaluated based on the same and then issued certificates showing to have either qualified or otherwise. He says that, therefore, the petitioner's challenge against Ext.P5 is not tenable; adding that the petitioner appears to be aggrieved only because his TMA has yet not been

submitted though the last date for it was 31.01.2020; and

consequently, that he has been shown as 'absent'. He then submitted that if the petitioner is so inclined, the IOS is willing to allow him to present his TMA before 30.09.2020 and that he can thereafter, take part in the examinations that the IOS intends to conduct in October, 2020, which, however, he says will be subject to the COVID-19 pandemic restrictions.

4. Sri.Adithyan Ezhapilly, learned counsel appearing for the petitioner, on hearing Sri.T.K.Venugopal as afore, submitted that his client is willing to submit the TMA before 30.09.2020 and prayed that the IOS be directed to conduct the examinations in October itself.

5. Taking note of the afore submissions and since the

IOS now appears to be hopeful of conducting an examination in October, 2020 itself, I deem it appropriate to order this writ petition in the following lines: a) The petitioner is hereby given liberty to present his TMA, as per the usual procedure, on or before 30.09.2020. b) In the event the petitioner submits the TMA in terms of the afore directions, he will be permitted to take part in the examinations to be conducted by the IOS in October, 2020 or on any other date that they may schedule; however, with a caveat that they must endevour to conduct the examinations at the earliest and if possible, in October, 2020 itself. c) I leave full liberty to the petitioner to approach this Court again if the IOS is not able to conduct the examinations at least by the end of November, 2020. This writ petition is thus disposed of.

SD/- DEVAN RAMACHANDRAN rp JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED 15.11.2019 ISSUED BY THE RESPONDENT NUMBER 3 & 4 EXHIBIT P2 TRUE COPY OF THE HALL TICKET ISSUED TO THE PETITIONER WITH ROLL NO 090012173301. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO 11/2020 DATED 19.3.2020 ISSUED BY THE RESPONDENT NO 3 AND 4 POSTPONING THE EXAMINATION EXHIBIT P4 TRUE COPY OF THE PUBLIC EXAMINATION RESULT OF THE FIRST PETITIONER WITH ROLL NO 090012173301 IN NATIONAL INSTITUTE OF OPEN SCHOOLING EXAMINATION EXHIBIT P5 A TRUE COPY OF THE NOTIFICATION DATED 10.7.2020

ISSUED BY THE RESPONDENT NO 3 CAN CANCELLING THE MARCH 2020 SECONDARY AND SENIOR SECONDARY COURSE PUBLIC EXAMINATION

Same Court & Year Kerala · 2020 Same Parties Aravind, vs Union of India Same Judge Honourable Mr. Justice Devan Ramachandran