A Division Bench of the Kerala High Court on Friday directed the State government to keep open the last date for submitting applications for admission to Plus Two courses in the higher secondary schools in the State for three working days after the declaration of the CBSE Class 10 results.
The Bench gave the directive while disposing of an appeal filed by the State government against a single judge’ s directive to extend the date of receipt of applications for the Plus Two courses of the State Higher Secondary Education till June 9. The single judge directive came on a writ petition filed by the Parent-Teacher Associations of two CBSE schools and other parents. They contended that since the CBSE the result of Class X would be published only after the last date fixed by the government for applying for the Plus Two course, CBSE students who pass Class X would not be able to apply for the courses in the State HSE.
Modifying the time schedule fixed by the single judge, the Bench observed that it could not permit discrimination on the ground of the local board and the Central Board of Secondary Education. The modification was done in view of the submission by CBSE counsel that the results of CBSE Class X were expected in the second week of June.
The court directed the government to publish repeatedly and adequately the news about the extension of the last date for filing applications so that parents and guardians of CBSE students may be ready to make online applications as soon as they got the marks of their children.
The State government contended that as per the approved and published time schedule, the last date for receiving applications/online in the main phase allotment had been fixed as May22 and classes were scheduled to commence on June14. If the single judge’s directive to extend the last date was implemented, the whole scheduled of the admission would be adversely affected and would delay the starting of Plus Two courses.
The Bench observed that the number of students appearing for Class X examination under the CBSE curriculum was not a small number. If the figures of the CBSE students applying for the Plus Two courses were considered, all these students who had studied in the State would be deprived of admissions in schools of their choices.
Referring to the government argument that any relaxation or extension of the last date would upset the whole academic calender, the court termed it as “a myopic view”. The Bench observed that the rights of children to receive education as per their choice had to be balanced with the difficulties of administration. The right of education could not be made subordinate to administrative difficulties. A mere three-week delay in finalising admission does not upset anything and it could not justify denying their rights.
