Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE18H DAY OF DECEMBER201427TH AGRAHAYANA, 1936 WP(C).No. 21805 of 2014 (A) ---------------------------- PETITIONER(S):- ------------- LINU ALEX ATTULLIL HOUSE, MOOLAMPILLY P.O., KOCHI27BY ADVS.SRI.P.J.MATHEW SRI.AJITH GEORGE RESPONDENT(S):- ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM - 695 001.
3. THE DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY, EXTRA POLICE ROAD NANDAVANAM THIRUVANANTHAPURAM -695 033. R1 & 2 BY SR.GOVERNMENT PLEADER Sri.JOSEPH GOERGE. R3 BY SRI.K.P.SUJESH KUMAR, SC, LBS CENTRE FOR SCIENCE & TECH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1812-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21805 of 2014 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- ----------------------- P1: TRUE COPY OF TEH SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. P2: TRUE COPY OF THE DEGREE CERTIFICATE DATED1102010 ISSUED BY MAHATMA GANDHI UNIVERSITY. P3: TRUE COPY OF THE CERTIFICATE OF DEGREE OF MASTER OF ARTS DATED193/2014 ISSUED BY THE MAHATMA GANDHI UNIVERSITY. P4: TRUE COPY OF THE CERTIFICATE OF B.ED. DATED273/2012 ISSUED BY MAHATMA GANDHI UNIVERSITY. P5: TRUE COPY OF THE ONLINE CERTIFICATE OF SET-2012 ISSUED BY THE2D RESPONDENT. P6: TRUE COPY OF THE PUBLICATION ISSUED BY THE3D RESPONDENT DATED282/2013. P7: TRUE COPY OF APPLICATION PASS CERTIFICATE SET-2012. P8: TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS OF SET-2012. P9: TRUE COPY OF THE REPRESENTATION DATED188/2014 SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT. RESPONDENT(S)' EXHIBITS:- ------------------------ R3(a). TRUE COPY OF THE RELEVANT PAGES OF THE PROSOECTYS FOR SET-2012. ( TRUE COPY ) PA TO JUDGE. A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.21805 of 2014-A. = = = = = = = = = = = = = Dated this the 18th day of December, 2014.
JUDGMENT
The petitioner has appeared for State Eligibility Test for the year 2012. The petitioner at relevant point of time studying in Post Graduate in MA Literature. Petitioner submits that she was in final of MA and eligible for appearing for State Eligibility Test. Petitioner appeared and declared as passed. However, the petitioner has not been given the qualifying examination certificate for the reason that petitioner is not eligible to take part in the 2012 State Eligibility Test.
2. A statement has been filed by the 3rd respondent. It is stated that in the prospectus the eligibility condition is prescribed. 5.8 is the relevant clause, which is extracted hereunder: "5.8 Candidates admitted in the year 2011 for B.Ed. courses will be permitted to appear for the State Eligibility Test 2012. Candidates appearing for Post Graduate final year/Final WP(C).No.21805/2014-A. 2 semester Examinations in the academic year 2011-2012 will also be permitted to appear for SET2012if they already have a B.Ed Degree. SET certificates of such candidates will be issued only if they qualify the PG/B.Ed examinations in that chance itself. The B.Ed candidates shall produce the pass certificates and PG candidates shall produce both the pass certificates and mark lists for proving their eligibility after qualifying the SET-2012. Candidates appearing simultaneously for PG and B.Ed final examinations are not eligible to appear for SET-2012 under this provision." It is pointed out by the learned counsel for the petitioner that the candidates appearing for 2012 must be either in final year of the post graduate programme or in the final year semester examination of the academic year 2011-2012 and they must possess B.Ed. Petitioner is admittedly having B.Ed. Petitioner's case is that she was in final year of post graduate programme. However, it is pointed out by the learned counsel for the respondent that petitioner's programme consists of four semester and the petitioner was at the relevant point of time submission of the application for SET was in third semester and accordingly was ineligible for taking part in SET2012 WP(C).No.21805/2014-A. 3 2. The learned counsel for the petitioner would argue that a candidate in post graduate final year is entitled to take part. It is not a mandatory that they should appear for the final year examination or appearing within a particular duration before or after, the test. The intention is only to enable a final year student of the post graduate programe to take part in SET examination. Therefore, there is no bar. On the other hand, the learned Standing Counsel for the 3rd respondent points out that the petitioner is well aware of the stipulation in the prospectus and there is no challenge against the conditions of prospectus and therefore the petitioner cannot turn around and submits that she is entitled to take part in the examination.
3. The eligibility clause referred in Section 8 in fact it is not free from doubts. If the person who is pursuing post graduate programme even if it is not appearing for any final year examination in near future would be entitled to take part. However, if the semester system is followed, candidates in final year semester would be entitled to take WP(C).No.21805/2014-A. 4 part in the examination. The petitioner points out that normal duration of final year is 12 months and semester means six months duration. The duration of post graduate programme is two year either in year wise or semester wise programme. Therefore, person in first day of final year programme would be entitled and person who is following semester system would be entitled only after the third semester, that means, after completion of 18 months of two year post graduate programme. It is submitted that there is no rationale in fixing such a criteria. I am of the view, it is for the authority to decide what should be the eligibility criteria. No doubt, it requires some clarification as to the eligibility of a candidate of final year in post graduate programme. It is pointed out by the learned Standing Counsel for the 3rd respondent that the intention of the authorities is only to permit such candidates whose final year examination is nearing the SET examination are alone intended to be included. I am also of the view, this should be clarified by next prospectus, so the only candidates who WP(C).No.21805/2014-A. 5 are appearing for the final year examination within the short duration either before after the SET examination alone need be permitted. On account of this slight ambiguity, I am of the view, the benefit of doubt should be given to the petitioner, as she has passed the examination. It is to be noted that only 5 to 6% of the candidates appearing for the examination alone are declared as passed. Therefore, taking note of the fact the petitioner has already been declared as passed, without treating this case as a precedent, the qualifying examination certificate shall be issued to the petitioner. Needful shall be done within a period of four weeks. Writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, (Judge) Kvs/- /// true copy ///