Read Time: 08 minutes

The Kerala High Court has dismissed a batch of petitions challenging the state government’s decision not to award grace marks for the general examinations in the academic year 2020-2021 for the Kerala Secondary School Leaving Certificate (SSLC) and Plus Two examinations, to the students who participated in extracurricular activities.

The order was passed by Chief Justice S Manikumar and Justice Shaji P Chaly in a batch of petitions challenging a communication dated Jun 29, 2021 issued by the Additional Secretary to State Government, General Education Department, to the Director, Public Education Department, Thiruvananthapuram informing that the State Government has decided not to award grace marks for the general examinations in the academic year 2020-2021 for the SSLC & Plus Two examinations, to the students who participated in extracurricular activities through Scouts and Guides, Student Police Cadet, National Cadet Corps, Junior Red Cross and National Service Scheme.

The government submitted that grace marks are awarded to students who have participated in extracurricular activities in schools so as to help them to cope up with the educational hours lost consequent to participation in such extracurricular activities and thus to support them to come up with such talents during their school days.

However, during the academic year 2020-2021 as there were no regular classes in the state due to the Covid-19 pandemic, there was no loss of educational hours for the students.

It was also submitted that in view of the Covid-19 pandemic the Education Department did not conduct any Sports Events, Kalolsavam, Sastrolsavam, Work Experience Mela and IT Fair during the academic year 2020-2021 and therefore, it has been a policy decision not to award grace marks to students generally during the current academic year since there were no regular classes, and therefore, according to the State, there is no loss of education hours suffered by the students.

The petitioners, however, submitted that Government Orders issued by the State Government awarding grace marks to the students who participate in the extracurricular activities and  such benefits provided as per Government Orders cannot be withdrawn by a mere communication issued by an Additional Secretary.

The Court observed in this regard that,

“It is clear from the Government Orders relied upon by the petitioners that the State Government has decided to award grace marks to compensate the working hours lost by such students, which is undoubtedly the basic and foundational criteria for awarding the grace marks.

Therefore, once it is established that the students could not participate in such extracurricular activities, the foundation of the Government Orders guiding the field would vanish disentitling the beneficiaries to secure the grace marks. Which thus, also means the substratum of the Government Orders relied upon by the petitioners was not existing for want of educational hours.”

The court further observed that going by the principles of law enunciated by the Apex Court and the judgments rendered by the  single Judges of the Court, “it is clear that the petitioners are not entitled to harp up on the policy decision of the Government since grace mark is a concession extended by the Government under certain specific and dedicated circumstances, and in absentia of such even, indeed the State Government was conscious of the difficulties faced by the student community as a whole without carving out any exception."

In light of the above the court held that "the Government was right in taking the decision not to grant grace marks. Therefore, it cannot be said that there was any arbitrary, illegal or unfair action on the part of the Government in withdrawing the benefit extended to the students.”

Case Title: Batch of Petitions

Edited by Shreya Agarwal