High Court Kerala High Court

Bhavana.S. vs Chief Secretary Government Of … on 4 August, 2010

Kerala High Court
Bhavana.S. vs Chief Secretary Government Of … on 4 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24305 of 2010(K)


1. BHAVANA.S., W/O.HARIKUMAR, "RESAMISHY"
                      ...  Petitioner

                        Vs



1. CHIEF SECRETARY GOVERNMENT OF KERALA,
                       ...       Respondent

2. SECRETARY TO GOVERNMENT, GENERAL

3. THE DIRECTOR, LBS CENTRE FOR SCIENCE

                For Petitioner  :SRI.T.P.PANKAJAKSHAN

                For Respondent  :SRI.P.B.SURESH KUMAR SC, LBS CENTRE

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/08/2010

 O R D E R
                                S. Siri Jagan, J.
                 =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                         W.P(C) No. 24305 of 2010
                 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                Dated this, the 4th day of August, 2010.

                               J U D G M E N T

The petitioner is a person who participated in the State

eligibility test conducted this year. The petitioner did not come out

successful in the test. The petitioner is challenging the test itself in

this writ petition, on the ground that the negative marks for wrong

answers were given during valuation which is improper. According to

the petitioner, in other similar examinations, negative marks are not

given. The petitioner also raises a contention that during former

years, the scheme was approved by the Government as evidenced by

Exts.P4 and P6, whereas, as is clear from Ext. P7, the prospectus was

not approved by the Government. The petitioner therefore seeks the

following reliefs:

“a) Call for the records connected with the case.

b) issue a writ of certiorari or other appropriate writ or order
quashing the applications of negative mark system in the State
Eligibility Test Examination 2010.

c) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents to restore 123 marks
scored by the petitioner in SET Exam-2010 and declare the
petitioner passed in the examination.

d) declare that the petitioner is entitled to apply for the post of
Plus two lecturer examination called for by the Public Service
Commission and to appear in the Plus two Lecturer
examination/interview.”

2. I have heard counsel for the petitioner, the learned

Government Pleader and the learned standing counsel for the 3rd

respondent.

3. The petitioner is bound to fail in this writ petition for more

than one reason. The first is that at the time of obtaining the

prospectus for the examination, the petitioner was very much aware

W.P.C. No. 24305/10 -: 2 :-

that for the examination, negative marks would be given for wrong

answers. Knowing fully well about the negative marks, the petitioner

wrote the test and only after publication of results, the petitioner has

challenged the negative marks after finding that the petitioner did not

succeed in the test. After having written the test in accordance with

the prospectus knowing fully well that there would be negative marks

for wrong answers, the petitioner cannot, thereafter, turn around

and challenge the test itself, which is against the settled law.

Secondly, there is no constitutional or statutory prohibition in

awarding negative marks for wrong answers in any written test.

Whether negative mark should be awarded for wrong answers is a

policy decision to be taken by the authorities who conduct the test.

This Court cannot say that the same is invalid insofar as there is no

prohibition for the same anywhere. The petitioner’s contention that

for earlier years, prospectus was approved by the Government and

this year it was not, does not find favour with me. Earlier years also,

the approval was by a Government Order. This year also the

prospectus was approved by G.O (Rt) No. 427/10/Gl. Edn. dated

27/01/2010 and G.O. (Rt ) No. 587/10/Gl.Edn. Dated 6/2/2010, which

is made clear in Ext. P7. As such, there is no merit in the contention of

the petitioner that the prospectus was not approved by the

Government.

In the above circumstances, there is no merit in the writ petition

and accordingly the same is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[TRUE COPY]

P.S TO JUDGE.