ANTONY ROY MANJOORAN Vs. COMMISSIONER OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) THE petitioner has approached this Court with the following prayers:

(2.) THE learned counsel for the petitioner submits that, the petitioner entered/logged in the marks secured by him in the Special Improvement Examination conducted by the Board in March 2013, confining the benefit to the Class XII students of 2011-2012 batch. Pursuant to the chance given to the petitioner, he participated in all the six subjects of the 2nd year Higher Secondary Examination and it was accordingly, that the said marks were logged into the website. But the result of the petitioner has been withheld and the petitioner has been given to understand that, the marks in the improvement examination will not be reckoned for the purpose of 'KEAM' (Kerala Engineering Agriculture and Medical Examination) and hence the challenge.

(3.) THE learned counsel for the petitioner submits that, there is no intentional fault or laches on the part of the petitioner and that the improvement marks was logged in with all bonafides, under the firm impression that the steps taken by issuance of Ext.P8 notification were to enable the students concerned to make use of the opportunity given. The opportunity in respect of JEE Main 2013 is similar and is to be made applicable to KEAM 2013 as well and that there is no logic in treating them separately. A purposive interpretation has to be given, submits the learned counsel. There is also an alternative prayer under 'Prayer (B)', to direct the first respondent to permit the petitioner to resubmit the marks based on the marks obtained by him in the examination held in 2012 and to allot him according to his eligibility and option.