High Court of KeralaWP(C)/24131/2013dismissed

Sangeetha Thiruval v. State Of Kerala

2015-05-25Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WP(C).No. 24131 of 2013 (N) ---------------------------- PETITIONERS:

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1. SANGEETHA THIRUVAL P.P., W/O.DR.V.D.RADHAKRISHNAN, KANNANTHARA HOUSE CHENDAMANGALAM JUNCTION, NORTH PARAVOOR ERNAKULAM DIST.

2. REMYA.P., W/O.SURESH KUMAR V.K., MUNNAD P.O., KASARGOD-671541.

3. NIKHIL C.V., S/O.CHANDRAN C.M., MUDUVANA P.O., PAYYOLI ANGADI VIA. KOZHIKODE-673523.

4. ANJALY.S., W/O.ANIL BOSE, GEETHA NIVAS, KIDANGANPARAMBU WARD THATHAMPALLY P.O., ALAPPUZHA-688013.

5. MANJUSHA.T., NAMMILIKKARA HOUSE, PERINGODE P.O., PALAKKAD-679535.

6. SHIHABUDDEEN.K.P., S/O.SAITHALI MUSALIYAR.K.P., KOZHIYAMPARAMBATH HOUSE MULAYANKAVU P.O., KULUKKALLOOR VIA, PALAKKAD-679337. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001.

3. DIRECTOR, LBS CENTRE FOR SCIENCE & TECHNOLOGY THIRUVANANTHAPURAM-695001.

SRI.NOUSHAD THOTTATHIL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC

WP(C).No. 24131 of 2013 (N) ---------------------------- APPENDIX PETITIONERS' EXHIBITS --------------------- P1: COPY OF THE PROSPECTUS ISSUED BY THE 3RD RESPONDENT FOR CONDUCT OF SET JUNE, 2013.

P2: COPIES OF THE ADMIT CARD ISSUED TO THE PETITIONERS. P3: COPY OF THE RESULT PUBLISHED BY THE 3RD RESPONDENT DOWNLOADED FROM THE OFFICIAL WEBSITE OF LBS CENTRE FOR SCIENCE & TECHNOLOGY. RESPONDENTS' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE

P.V.ASHA, J., W.P.(C) No.24131 of 2013 Dated this the 25th day of May, 2015

JUDGMENT

The petitioners are candidates who appeared in the State Eligibility Test conducted in the academic year 2013. They have secured 119 marks out of 239 for their respective papers. The pass mark is 50%. Claiming that 119 out of 239 has to be treated as 50%, the petitioners approached this Court for a declaration that they have passed the State Eligibility Test.

The learned Government Pleader pointed out that the issue raised in this matter is covered by a judgment of this Court against the petitioner.

3. In the judgment dated 23.5.2014 in W.P.(C) No.11743 of 2014, this Court had already considered the very same issue and held that when the actual percentage comes to 49.895%, the percentage of mark is below 50% and therefore the petitioner cannot have any legal right for a declaration as sought for.

In the light of the above judgment on identical issue, this writ petition fails and is dismissed.

Sd/- P.V.ASHA, JUDGE.

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