A.J.DEVDUTH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner passed 10th Standard in CBSE Stream in the academic year 2019-2020. He had opted Mathematics - Basic instead of Mathematics - Standard as the CBSE provided for an option as per Ext.P2 order issued on 10.1.2019. As per Ext.P2 order, the students were allowed to continue Mathematics as a subject in Class XI/XII and further the students need to pass Mathematics - Standard at Class X. It further provided that students who qualify in Mathematics - Basic shall be given an option to appear in Mathematics - Standard at the time of Compartment exams as per the norms of the Board, in case he/she changes his/her mind to pursue Mathematics at Senior Secondary Level. On the basis of Ext.P2 order, petitioner opted for Mathematics - Basic. It is stated that he has submitted application for admission to Polytechnic College and a seat is kept reserved for him in the NRI Quota in a Self Financing Polytechnic College. It is stated that Mathematics - Basic is not accepted by the Government of Kerala as a qualification for the purpose of admission to the Polytechnic. In Ext.P3 Prospectus for admission to Polytechnic Colleges in Kerala, Clause 7.3 provides as follows:

(2.) The petitioner claims that CBSE could not hold Compartment examinations this year due to the outbreak of Covid 19 pandemic. Therefore, they had issued Ext.P5 Notification stating that the students who have appeared in Mathematics - Basic in Class X - 2020 main examination and are desirous of pursuing Mathematics in Class XI in the session 2020-2021 can opt Mathematics also in Class XI only in the session 2020-2021. It was stated that this exemption would be a one time measure available for the present batch of students of the Academic year 2019-2020. The petitioner has filed this writ petition seeking extension of the benefit of Ext.P5 for admission in Diploma Courses pointing out that examination was not conducted on account of Covid 19 pandemic.

(3.) The second respondent has filed a counter affidavit stating that Ext.P5 order issued by the CBSE is applicable only for admission to Standard XI and XII under the CBSE stream alone. It is also stated that orders issued by the CBSE are not applicable to the institutions under the State Government. It is further stated that Diploma in Engineering is a discipline involving higher levels of Mathematics and any extension of concession would dilute the quality of technical education programme. Paragraphs 5 and 6 of the counter affidavit read as follows: