DENNY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This order of mine shall dispose of three writ petitions filed on behalf of students of Higher Secondary + 2 and 10th standards. In W.P.(C) Nos.2666 of 2022 and 2796 of 2022, the order of the Government dtd. 16/12/2021 has been assailed whereby on the receipt of the guidelines submitted by Director of State Council of Educational Research and Training (SCERT) Government on examination of the matter issued guidelines for teaching and preparation of question papers in connection with SSLC, Higher Secondary and Vocational Higher Secondary examination for March, 2022. In W.P(C).3615/22, challenge is to the pattern of question paper prepared based on the above guidelines.

(2.) The case set out in brief in all the writ petitions is that COVID-19 had a long-lasting impact on students' life as educational institutions, for preventing it's spread, had been closed down for some time and thereafter went online mode which had certain initial hiccups with regard to the adaptation of the system of education viz-a-viz the attendance of physical classes. The entire world, including India had undergone not only the first wave but three phases of the pandemic and at present undergoing the third one. After the first wave was over, things had settled down and very few cases of COVID were in spate particularly in State of Kerala and keeping in that aim in view, Government had come out with a relaxation in the notification issued under the Disaster Management Act for opening the schools and colleges for the senior classes as well as some junior classes. The third wave had erupted only in the last weeks of December, 2021. In order to bring succor to the students and raise hopes amongst the students, the Directorate of General Education, Thiruvananthapuram vide order dtd. 31/12/2020 had come out with a workable solution for Plus Two General Examinations (Higher Secondary/Vocational Higher Secondary) of the academic year commencing from March 17, 2021 on the premise that since the topics were introduced through digital classes and the general examinations were on the anvil, students be provided with proper learning support enclosed with a Focus Area Topics of each subject stipulated by SCERT for clearing doubts related to General Examination and Revision activities in order to take advantage for the General Examination in March, 2021.

(3.) The gist of the aforementioned circular was that for exams having 80 scores, 160 score questions were provided and for 60 score questions, 120 score questions and for 40 score questions 80 score questions, means double the questions. Choice was given from every sec. for answering the required number of questions and if more than required number of questions were answered, only the best answer would be selected and counted so that the students can make use of the cool-off time to read through the different questions and plan their answers. It was also made clear that the students can score full marks if they concentrate on the Focus Area Lessons fixed by the SCERT. At the same time, they can also answer the questions from other Sec. to help them in choice according to their taste and interest. The cool-off time was raised to twenty(20) minutes.