Board Exams : Kerala High Court Seeks State Response On Challenge To Scrapping Of Grace Marks

The Kerala High Court on Tuesday sought the State's response regarding its decision to do away with the policy of awarding grace marks to students in Grade 10th and 12th in the State board examinations for the academic year 2020-2021.

A division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly after hearing the parties directed the State to file its statement before July 22nd in the matter.  

The petitioner Kerala Students Union(KSU) being a students' organization based in Kerala, filed the PIlL on behalf of the students aggrieved by the decision of the State general Education Department not to award grace marks in SSLC and Grade XII for the previous academic year. Advocate Manas P. Hameed represented the petitioners before the Court.

The government justified its move citing that schools had remained closed during 2020 -2021 owing to the pandemic and hence extra-curricular activities were purportedly not conducted during the said academic year. 

It was alleged that the government departed from granting grace marks to the students without giving due notice, hence disappointing the beneficiaries awaiting their final examination results. This sudden change of policy was asserted to affect the academic future of the concerned students drastically. The petition stated that the 'rules cannot be changed after the game has begun.'

Additionally, the petitioner submitted that several programmes were conducted in the previous academic year by Scouts and Guides, SPC, NCC, and JRC amid the pandemic upon the instruction of the school authorities. The KSU argued that these organizations played a crucial role during the pandemic by extending services to the needy amidst the lockdown.

The students under these disciplined voluntary organizations had reportedly delivered their service in the wake of a national crisis and saved several lives by distributing cooked meals, hand sanitizers, dry ratio, face masks and other essential commodities to the helpless during the lockdown. 

The petitioner also relied on the decision in Philip Xavier Antony vs. Vice-Chancellor, MG University Kottayam & Ors [2017(5) KHC 992], where it was held that a beneficial approach should be made in the award of grace marks since the students participating n various sports activities, NCC, NSS, and cultural activities are diverting their substantial academic hours for the purpose of practice and participation.

In fact, they substantiated their argument citing that more than 2 lakh students had benefitted from grace marks last academic year. Scrapping the scheme in its entirety without justification was thereby accused of violating Article 14 of the Constitution. 

With the results of both the SSLC and Grade 12 examinations due to be published this month, it was submitted before the Court that the manner in which the government changed its policy was 'arbitrary, unfair and highly irresponsible'. Such a decision was alleged to be unsustainable. Moreover, the doctrine of legitimate expectation was also alleged to be violated in this matter. 

They established that the government was responsible to inform such changes well in advance, at least before conducting the final examination, if not at the commencement of the academic year. The Union also submitted that students who had worked hard for the grace marks were now undergoing 'mental agony' due to this sudden change in policy.  

It was not right for the government to instill insecurity in the minds of the students at such a crucial time by changing its policy overnight, they argued. The petition also pointed out that this decision was welcomed with immediate protest and criticism by the student and teacher communities.   

Accordingly, it was prayed that the respondents be directed to continue with the policy of awarding grace marls in the previous academic year and to thereby quash the government order conveying the policy change.

A similar petition was filed recently before the court where a Class 10 student had challenged the same order of the Government. 

Case Title: Kerala Students Union v. State of Kerala  & Ors