IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24086 of 2008(P)
1. LINISHA.P., AGED 24 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. DIRECTOR OF HIGHER SECONDARY EDUCATION
3. L.B.S. CENTRE FOR SCIENCE AND
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/08/2008
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 24086 of 2008
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Dated this, the 11th August, 2008.
J U D G M E N T
I have heard the learned counsel for the petitioner, learned
Government Pleader appearing for respondents 1 and 2 and the
learned standing counsel for the 3rd respondent.
2. Petitioner’s grievance in this writ petition is that in her
State Eligibility Test, the minimum marks required for pass have been
computed wrongly. The petitioner has got minimum marks in two
papers. According to the petitioner, by taking a wrong method of
calculation of aggregate minimum by adding the percentage of marks
of the two papers and dividing it by two, the petitioner has been
declared as failed. The petitioner submits that in Ext. P2 judgment, a
learned Judge of this Court has held that the method adopted by the
3rd respondent is not sustainable and the 3rd respondent ought to have
taken the percentage of total marks for the purpose of calculating the
aggregate minimum.
3. The only contention raised by the counsel for the 3rd
respondent is that Ext. P2 judgment has been taken in appeal and
the Division Bench has admitted the same. But the 3rd respondent has
no case that the Division Bench has granted stay of operation of Ext.
P2 judgment. On a reading of Ext. P2 judgment, I am inclined to
follow the said judgment of the learned Judge.
Accordingly, following the said judgment, I allow this writ
petition and direct the 3rd respondent to re-consider the question as to
whether the petitioner has secured the minimum marks for a pass in
the State Eligibility Test by calculating the minimum marks in
accordance with the directions in Ext. P2 judgment. Orders in this
W.P.C. No.24086/08. -: 2 :-
regard shall be issued within two weeks from the date of receipt of a
copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.