TESSNA TOMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are students pursuing their B.Ed. Degree Course in various B.Ed. Colleges that are affiliated to the University of Kerala. They have approached this Court with this writ petition filed under Article 226 of the Constitution of India, seeking issuance of directions to the LBS Center for Science and Technology, the 3rd respondent herein, to issue State Eligibility Test (SET) Certificates in terms of Exhibits P4 to P7 SET Results declared in their favour. They have also sought for issuance of directions to the 4th respondent University to issue a declaration that the petitioners herein are undergoing their final year B.Ed Course from 17/8/2021 onwards.

(2.) Brief facts of the case are as under: By order dtd. 6/6/2011, the Government has entrusted the responsibility to conduct SET upon the LBS Centre for Science and Technology, the 3rd respondent herein. Ext.P1 is the prospectus for the examination approved by the Government as per G.O.(Rt.) No. 4480/2021/GEDN dtd. 8/10/2021. Clause 5.7 of the prospectus reads as under:

(3.) The petitioners fall within the category of candidates who have already acquired the Master's Degree with the required marks. According to them, they had all joined the B.Ed Degree course 2020-2022 in various colleges affiliated with the 4th respondent University. The requirement in the prospectus is that they should be undergoing the Final Year Course for B.Ed. The petitioners assert that the III and IV Semesters constitute the Final Year B.Ed Degree course and as per Ext.P2 academic calendar, 2020, the III Semester is scheduled to commence from 17/8/2021. In terms of the academic calendar, the petitioners were eligible to apply for SET 2022. They rely on Ext.P3 certificate dtd. 6/4/2022 issued by the Principal, Emmanuel College of B.Ed Training, and it is contended that as per the academic calendar, the III Semester (2nd year) of the course is to commence from 17/8/2021.