The Kerala High Court disposed of a Public Interest Litigation (PIL) filed seeking direction to the respondents to implement extracurricular schemes for students to get grace mark in 100% schools in Kerala in order to prevent discrimination in granting grace marks.
The PIL filed by one C.A.Purushothaman further seeks direction not to award grace mark till extracurricular schemes is implemented in 100% schools in Kerala.
A representation filed before respondent No.2 (Principal Secretary , Department of General Education , Kerala) claiming right to equality for all the students to get grace marks. Dated 24.02.2020, the petitioner’s application filed under the Right to Information Act, 2005, has been forwarded to the State Public Information Officer of General Education Directorate. Grievance raised is against the inaction of respondents in not preventing inequality in granting grace marks which affects ordinary students.
Government Pleader, on the contrary, submitted that induction of an NCC sub unit in an institute depends upon the decision of the governing body or PTA of that institute.
A counter affidavit dated 31.10.2022 has been filed by the 3rd respondent (Secretary , Department of General Education , Kerala) , detailing about the induction of NCC sub units in which it is submitted that :-
“…..5. It is further submitted that participation in NSS does not provide for grace mark at Secondary School Level. At the time of the formation of National Service Scheme, NSS Units were recommended in all educational institutions across the country to implement the concept of personal development through community service. Currently NSS is present in 70% of the schools in the General Education Sector. Units are provided to schools which do not have units as and when required. Selection to the National Service Scheme is conducted without any prejudice and in a transparent manner and any interested students has the opportunity to join. In addition, the NSS Manual ensures special representation of Scheduled Caste, Schedule Tribe and other backward classes in the selection of volunteers for the units. All schools that do not currently have NSS units are given the opportunity of apply every year to start new Units. That way the opportunity for children and schools is not denied.
- It is submitted that, more than 95% of institutions having NCC in the states are either Government or Government aided institutions catering for students from all walks of life. It is also informed that, in the year 2019, 556 out of 880 institutions, i.e., 63% of institution strength were from rural areas. Further, in the year 2019, Kerala NCC Directorate has raised a new Battalion with approx. cadet strength of 3520 for tribal dominated District and 28 Government/ Government aided Wayanad District and institutions were allotted with NCC vacancies at Idukki. In the year 2020, NCC has released approx. 4500 vacancies especially for Coastal regions for which enrollment is in progress. This will specially benefit students from Fishermen Community as well as students of High-Range.
- It is pertinent to note that, all schools that do not currently have NSS Units are given the opportunity to apply every year to start new units. That way the opportunity for children and school is not denied. Selection to the National Service Scheme is conducted without any prejudice and in a transparent manner and any intersted students has the opportunity to join. In addition, the NSS Manual ensures special representation of Scheduled Caste, Scheduled Tribe and other backward classes in the selection of volunteers for the units.
- It is further submitted that grace mark is an important factor in attracting students at an early stage to gain access to NSS activities that provide students with life experience that is relevant beyond class room learning. All the existing school units are ensuring that all the students who have secured admission in the academic year have the opportunity to join the NSS as per their Interest so that the opportunity of the students is not denied.
- While awarding grace marks, a beneficial approach shall be made, since the students participating in NSS activities are diverting their study hours for NSS programmes. In the NSS Manual, Page No.84, the Ministry of Youth Affairs and Sports prescribed certain Incentives for NSS Volunteers who completed two years of service in NSS. That is the NSS Volunteers should get appropriate weightage if he/she completes two years in NSS and gets the Certificate signed by the Vice Chancellor of the University/Head of +2 council, Universities may give preference to such NSS volunteers in matters of admission and other privileges as decided by them.
- Grace mark is a direct learning recognition from the Government for a student who is constantly contributing mentally and comprehensively to NSS, setting aside time beyond the average study time, thereby enabling their own personal development.
- It is further submitted that participation in National Service Scheme does not provide grace mark at the Secondary School level. At the time of the formation of National Service Scheme, NSS Units were recommended in all education institutions across the country to implement the concept of personal development through community service. Currently NSS is present in 70% of the schools in the General Education Sector. Units are provided to schools which do not have units as and when required. Selection to the National Service Scheme is conducted without any prejudice and in a transparent manner and any interested students has the opportunity to join. In addition. the NSS Manual ensures special representation of scheduled Cast, Scheduled Tribe and other backward classes in the selection of volunteers for the units. All Schools that do not currently have NSS units were given the opportunity to apply every year to start new Units. That way the opportunity for children and schools is not denied.
- Grace mark is an important factor in attracting students at an early stage to gain access to NSS activities that provide students with life experience that is relevant beyond class room learning. Grace mark is a direct learning recognition from the Government for a student who is constantly contributing mentally and comprehensively to NSS, setting aside beyond the average study time, thereby enabling their own personal development. While awarding grace marks, a beneficial approach shall be made, since the student participating in NSS activities are diverting their study hours for NSS programmes. In the NSS Manual, Page No.84. the Ministry of Youth Affairs and Sports prescribed certain incentives for NSS Volunteers, who completed two years of service in NSS. That is, the NSS Volunteers should get appropriate weightage if he/she completes two years in NSS and gets the Certificate signed by the Vice Chancellor of the University/ Head of +2 Council, Universities may give preference to such NSS volunteers in matters of admission and other privileges as decided by them.
- More than 95% of institutions having NCC in the States are either Government or Government aided institutions, catering for students from all walks of life. It is also informed that, in the year 2019, 556 out of 880 institutions i.e., 63% of institution strength were from rural areas. Further, in the year 2019, Kerala National Cadet Corps Directorate has raised a new Battalion with approx. Cadet strength of 3520 for tribal dominated Wayand District and 28 Government / Government aided institutions were allotted with NCC vacancies at Idukki. In the year 2020, National Cadet Corps has released approx. 4500 vacancies especially for Coastal regions for which enrollment is in progress. This will specially benefit children from fishermen community as well as students of High-Range.
- In pursuant to this. after devoting so many hours of regular practice, parade and attending various NCC camp activities (District, State and National level) thus by losing their COURT regular academic classes and leaving the entire camp period from their homes, the NCC cadets become eligible to get grace marks. The students, who do not wish to join National Cadet Corps, are neither losing a single class hour nor staying away from home, in comparison with the NCC cadets. The National Cadet Corps moulds the entire enthusiastic and energetic cadets to join the Armed Forces as well as the uniformed State services.”
The Division Bench of Chief Justice S.Manikumar and Justice Murali Purushothaman was satisfied with the steps taken by the respondents to implement extracurricular schemes for students in schools.