BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking to command the respondents 1 and 2 to initiate expeditious proceedings for rectifying the anomaly in Ext.P4(a) Rules introduced by 2006 revision, in the Syllabus for Engineering Diploma Course conducted by the Department of Technical Education, Government of Kerala.

(2.) The writ petitioners contend that the Diploma Course in Engineering/Technology which they studied, consists of six semesters. Semesters 1 and 2 are conducted for combined first year examination. The marks secured in the said semesters 1 and 2 were not reckoned for calculating aggregate marks required for a pass and for awarding classification as First Class with Distinction, First Class or Second Class. It was only the aggregate marks obtained in semesters 3 to 6 were taken into account for awarding 'First Class' classification. If a student has secured 60% marks in semesters 3 to 6, they were eligible for First Class. The petitioners passed the examination for the sixth semester, securing more than 60% marks in the first chance itself. They have secured 60% marks in semesters 3 to 5 also.

(3.) But, the petitioners contend, when petitioners received their certificates they found that in spite of getting the requisite marks they were seen placed in the Second Class. On enquiry they found that they are denied first class, since they took four chances for securing pass in the combined first and second semester examination. This denial was consequent to amendment to the concerned Rules introduced by way of the revision in the year 2006. Prior to the year 2006 and after the year 2010, the stipulation as to passing the first and second semester in the first attempt, was not required for grant of First Class.