Plea In Kerala High Court Challenges Preferential Treatment Based On Residence For Admissions To Grade XI

A plea has been filed before the Kerala High Court challenging the system of awarding bonus points based on the 'residence' of students to calculate their weighted Grade Point Average (WGPA) for allotment of admission to Grade XI courses, on the ground that it denies equality of opportunity for students.

Advocate Hashick PP will be appearing on behalf of the petitioners.  

The petition submits that most students who score Grade A+ in all subjects select Physics, Chemistry, Biology, and Mathematics combinations as the first option for admission to Grade XI, to show that there is a high demand for this combination.

As per the policy followed by the State, there is a system in place under which certain bonus points are awarded depending upon the eligible category to which the candidate belongs. For instance, bonus points are awarded to students to continue in the same school after Xth and for students from the same Panchayat as that of the school. 

It is submitted that due to the system of awarding bonus points based on residence factor, those students who secured Grade A+ in all subjects for SSLC and those who are residing within the local limits of the school will get 2 additional bonus points which helps them to get a higher WGPA.

However, petitioners who have also secured Grade A+ in all subjects and studied in the same school for SSLC exams do not get those bonus points as their residence falls within a different Municipality, which results in lesser WGPA and hence denied of equal opportunity for admission to the course of their choice.  

Thus, it is argued that they are treated unequally based on the residence factor when compared with their own classmates solely for the reason that their residence geographically happens to be in a different municipality, even though they stay much closer to the school. 

The petitioner also produced the allotment list for 2020-21, a perusal of which reveals that not a single candidate residing in the Municipality was able to get admission for the aforementioned combination in the school under the general quota, despite there being more than 100 students who secured Grade A+ in all subjects for SSLC exams.

It is also submitted that there were no government Higher Secondary Schools in the Municipality and the only government-aided School was about 9 km from the petitioners' residence. 

On this ground, they allege that the present system of awarding bonus points based on residence factor is not backed by any statute, but it is merely a policy decision that violates the fundamental rights guaranteed under Article 14 of the Constitution.

"There is no intelligible differentia in providing such discrimination and there is no nexus with the social objective of 'selecting the most meritorious' candidates'. There are no defacto backwardness or disabilities, which the Respondents are trying to address in making such unreasonable classification based on the residence factor," the plea reads.

It is also contended that there is no scientific basis for awarding bonus points on the basis of residence in the admission process to Grade XI in the State. Similarly, there are no de-facto disabilities or inequalities which the State is trying to address by making such unreasonable classification on the ground of 'domicile' or residence.

The petitioners also argues that although the admission prospectus for the year 2021-22 is not yet published, the same pattern was likely to be followed. Because of the 'illogical and unreasonable classification based on residence', the meritorious students were allegedly losing the opportunity of studying their desired course in Grade XI.

Accordingly, it is prayed that the Court issue a declaration that awarding of bonus points based on place of birth or domicile for the Grade XI admission in the State is violative of Article 14 & Article 15 (1) of the Constitution of India, and direct the State to refrain from giving any preferential treatments based on the 'residence' or 'place of birth' for such admission.

Case Title: X v. State of Kerala