IN THE SUPREME COURT OF ORDINARY CIVIL JURISDICTION I.A. No. of 2021 In SPECIAL LEAVE PETITION (C) NO. 13570 of 2021

IN THE MATTER OF: ADV.RASOOLSHAN A. …..PETITIONER

//Versus// THE ADDITIONAL CHIEF SECRETARY & ORS ...RESPONDENTS

IN THE MATTER OF: ANUBHA SHRIVASTAVA SAHAI & ANR …PROPOSED INTERVENORS

WITH I.A. NO._____/2021 APPLICATION FOR INTERVENTION

P A P E R B O O K (FOR INDEX PLEASE SEE INSIDE)

ADVOCATE FOR PROPOSED INTERVENOR SHASHIBHUSHAN P ADGAONKAR

I N D E X

S.No. Particulars Page Nos.

1. I.A. No.____/2021: 1-13 Application for Intervention with affidavit.

2. I.A.NO. /2021 14-15 Application for exemption from filing notarized Affidavit

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IN THE SUPREME COURT OF INDIA ORDINARY CIVIL JURISDICTION I.A. No. of 2021 In SPECIAL LEAVE PETITION (C) NO. 13570 OF 2021

IN THE MATTER OF: ADV.RASOOLSHAN A. …..PETITIONER

//Versus// THE ADDITIONAL CHIEF SECRETARY & ORS ...RESPONDENTS

IN THE MATTER OF: 1) Anubha Shrivastava Sahai Age 42 yrs, Occ: Lawyer and Child rights activist R/o Arlington , Rodas Enclave Hiranandani Estate Thane , Maharashtra

2) Anandhapadmanabhan Age: 24, Occ:Social worker R/o Rishivalley, TC-25/3290, Vanchiyoor, Thiruvananthapuram, Kerla. …PROPOSED INTERVENORS APPLICATION FOR INTERVENTION TO, THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE APPLICANT ABOVE NAMED MOST RESPECTFULLY SHOWETH: 1. That the present Applicants/Interveners has preferred this application to intervene in the Special Leave Petition (C) No.13570/2021 pending before this Hon’ble Court on behalf of students whose details are mentioned below residing in 2 rural as well as costal region who are not having any access to online education. It is submitted that the present Applicant/proposed Intervenor craves leave to give necessary facts which shall assist this Hon’ble Court for proper adjudication in the present matter. LIST OF THE STUDENTS 1)Name: John Roy Age: 17 Father’s name: Roy Thomas Address: Souryamthottiyil (H) Kanjiradukkam (p.o.) Kasaragod –

2) Name: Kalidas K Age: 17 Father’s name: Kunhikkanan A Address: Areekara (H. O) Kodoth (p.o) Kasaragod – Kerala

3) Name: Gowtham Krishna R. Age: 17 Father’s Name: T.P. Rajan Address: Asarivalappil (H) Thekke Vavanoor (P.O.) Koottanad – Palakkad PIN: 679533

4) Name: Shibil Arshad C. Age: 18 Father’s Name: Shumsudheen Address: Cholakkal (H) Palankara (P.O.) Karulai, Malappuram – Kerala

5) Name: Albin Benny Age: 17 Father’s name : Benny Lukose Address: Kaniyarsseriyil (H) Udayapuram (P. O.), Kodoth Kasaragod – Kerala

6) Name: Fathimath Jahra. M Age: 16 Father’s name: Ashraf M. Address: Maliyekkal (H) Chaliyam (P. O.), Chaliyam – Kerala

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7) Name: Ahammed Lezin Age: 17 Father’s name: Nissar Ahammed Address: Kalluvettukuzhikkal (H) Urangattiri (PO) Malappuram – Kerala

8) Name: Shamna C.M Age: 17 Father’s name: Abdul Manaf Address: Twins Mahal Muthanad (p.o) Chemnad, kasaragod School: Chemnad Jama-ath Higher Secondary School, Kasaragod

9) Name: Hamna C.M Age: 17 Father’s name: Abdul Manaf Address: Twins Mahal Muthanad (p.o) Chemnad, kasaragod School: Chemnad Jama-ath Higher Secondary School, Kasaragod

10) Name: Anzil N S Age: 18 Father’s name: Nazeer Ibrahim Address: Thanzeer Manzil Kattumpuram (p.o) Kallara – Trivandrum

11) Name: Navaneeth PL Guardian’s name: Lohidakshan Adress: Parakulam road Irinjalakuda – thrissur Pin code 680121 School: St. Vincent CMI school, Kollam

12) Name: Aadithyan M Age: 17 Father’s name: adhukumar M R Address: Manikkal (H.O) Rajapuram (p.o) Kasargod

13) Name: Anandraj V R Father’s name: V. K. Rajan Age:17 Address: Velanparambil (H) Thayannur (p.o) Ennappara – Kasaragod 4

14) Name: Ansiya P Age: 17 Father’s name: Ashref Address: Padinjarayil (h) Kaniyamabetta (p.o) Pachilakkad – Wayanad School: GvHSS Panamaram, Wayanad

15) Name: Adithyan BV Age: 17 Father’s name: Binu S Address: Adithya bhavan Alamcode po Attingal

16) Name: Parthiv N Shylesh Age: 18 Father’s name: Shylesh Address: Kandambaath (H) Meenagadi po Wayanad School: Snhh poothadi

17) Name: Praveen Antony Father’s name : Antony Augustine Address: Thyvettil house Kannamali p.o 682008 School:SDPY Palluruthy Contact number: 8891476630

18) Name : Amith PA Father name : Arun Kumar P S Age : 16 (27/12/2004) Adress : Sangeeth house no 5 Sbi colony, covoor Calicut, Kerala 673017 School : Govt. Hss, Azchavattom, calicut Contact number: 90610 55543

19) Name: Sudeep K. Age: 17 Father’s Name: Pradeep Kumar kp Address: Saketham Puzhakulangara Taliparamba, Kannur

20) Name:Ayisha saja c Age:18 5

Adress: Chemban house 273 Mampuram Malappuram – Kerala

22) Name: Binto J Raju Age: 17 Father’s Name: Raju John Adress: Nediyakalayi Kizhakkkethil Adoor Pathanamthitta School: Boys Adoor Pin Code: 691 556 House Number 213

22) Name: Fathima Suhaila PV Age: 17 Father’s name: Saifudheen Address: Puliyamadathil (H)Venniyur Malappuram

23) Name: Anshil Age: 17 Father’s name: Siraj Address: Thayyil house Cherumukku – tirurangadi Malappuram, Kerala 676306

24) Name: Hameem Mohammed Age:16 Father’s name: Mansoor Ali Address : Nanma house SM road Chemmad – Malappuram

25) Name: Anen Manoj Age: 17 Father’s name: Manoj Kumar Address: Peralayill meethal(H) konott(po) , 673571 School: Government higher secondary school peringolam

26) Name: Gopika M Age: 16 Father’s name: Vinod Kumar Address: Gopika nivas, koniyancheri, peringolam, kunnamangalam po (673571) School: G.H.S.S peringolam

27) Name: Dhyan krishna Nair Age: 17 Father name: Sunoj K Nair 6

Address: kodoth, Kodom- bellur panchayat, Odayanchal, kasaragod, kerala, 671531 28) Name: Sikha K Age: 16 Father's Name: Shiros K Address: kizhakkeveettil, Karuvanthiruthy, , Kozhikode

29) Name: Shezin Bin Rafee Age: 18 Father's name: Abdul Rafeeque Address: moothedath house po chaliyam Kozhikode

30) Name: Nishabi P.P Age: 16 Father’s name: Ismail P.P Address: Ponnakarante Purakkal (PP), Tanur, Malappuram, 676302

31) Name:Mohammed Ansif Age:17 Father's Name:Mohammed Manaf Address:Nalakath Mundiyarayil House pavaratty, Maruthayoor, thrissur

32)Name : Rashiq kareem Age: 17 Father’s Name: M kareem Address: Mammasrayillath house, south palayoor, chavakkad 680506

33) Sreya dinesh Age:17 Father's name :Dineshan.k Address:Keerthanm payyanur kannur

34) Name:Sabir shoukath Age: 17 years Fathers name: Shoukkath ALi KP Address: seeruvalappil house mathil, payannur kannur

35) Name : Mohamed Nusaif Age:18 Father's Name : Abdul Azeez Address: Kalathil Parambil House , Karathur , Polissey PO 676102 ,Tirur , Malappuram ,Kerela

36) Name: Ansiya p Age: 17 7

Father’s name Ashref Address: Padinjarayil (h) pachilakkad kaniyamabetta ( p.o)

37) Name : Amith p a Father name : Arun kumar p s Age : 16 (27/12/2004) Adress : sangeeth house no 5 sbi colony, covoor, 673017 , calicut, Kerala

38) Name: Praveen Antony Father name : antony Augustine Address: thyvettil house, kannamali p.o 682008

39) Name: Anand V Age: 16 Father: T Ajith Address: Sreelakam,Ovungara, Kunnamangalam(PO),Calicut

40) Name: Anen Manoj Age: 17 Father: Manoj Kumar Address: Peralayill meethal(H) konott(po) kunnamangalam, 673571

41) Name: Adithdev c s Father’s name: SUBASH C K Address: chozhiyattil house Ayyanthole, thrissur

42) Name: Nindlene baby Vaz Age:17 Father's name: Francis Nixon vaz Address : Manath house, SSKS Road, Vaduthala p.o, Cochin-23

43) Name: Akhil Vincent Father’s name: Vincent KM Address: Kattamkottil House, Kanichar PO, Kannur 67064

44)Name :sachin s Age :18 Father’s name : Krisha kumar Address : Kunnath, chethukadavu, kunnamangalam po. Kozhikode 673571

45) Sachith Aravind Aravindhakshan kr 8

Kurppaserill house Kuthiathode Cherthala Age:17

46) Anas Ibinu Rasheed Age: 18 Father’s Name: L Abdul Rasheed Address: Layinakkillathu Karattu P. O. Kanakappalli Kasargod – Kerala PIN: 671533

47) Name :- Thejus Krishna Age:- 17 Father's Name:- Ramakrishnan.E Address:-Edadathil House, Vadakkemoola, Chuzhali(P.O), Kannur dt. Kerala

48) BIJIL K BINU Age 17 Father’s Name - BINU GEORGE KOIPURATHU HOUSE PATHANAMTHITTA BREIF FACTS: 2. It is submitted that the Applicant/proposed intervenors were approached by the affected aspirant students who are compelled to appear physically for XI class exam by the State Authority. 3. That in the present petition six students studying in Plus One class have approached the Hon’ble High Court under Article 226 impugning notification dated 28.5.2021 issued by General Education Department of the State by which the First Year Higher Secondary Examination has been scheduled to be held from 6.9.2021 to 16.9.2021. The petitioners have sought for quashing the notification and cancel the Plus One final examination for the academic year 2020-2021. In one of the writ petitions, directions have been sought to the Board of Higher Secondary 9

Examinations to frame a guideline for conducting Plus One Final Year examinations internally in each school. 4. It is contended that due to COVID - 19 pandemic, tutoring for Classes XI and XII are conducted online. Due to poor electronic connectivity, network range issues and the non- availability of electronic devices, the studies of the majority students from rural as well as costal area has been adversely affected and even there are other students in the school who suffer the same handicaps. 5. The applicants further contends that they are residing in coastal and rural area where internet connectivity is very poor. They have not been able to attend the online classes regularly due to the above fact. The classes for Plus OneI commenced on the last week of June 2021 and the scheduling of the final year exam of Plus One while the classes for XII are going on will result in untold misery to the students. According to the applicants, the online classes are not very effective and students who are better placed and financially well off will have an unfair advantage. It is contended that even during discussions in the assembly, the digital divide prevailing in the State was highlighted and though it was assured that no efforts shall be spared to bridge the divide, nothing worthwhile has happened. 6. The applicants submit that inspite of the heavy surge in the cases of Covid 19 in all over State of Kerala, the State Government has decided to conduct the Plus One exam physically. By conducting offline exams the Government will be putting the lives of Students, teachers and other staff at risk Government must take a call now for 11th 10

Board like the other State Boards have done for 12th & 10th Board. That since from last year 2020, this Hon'ble Court by their various judgments & orders have took serious concern about the critical situation of the country due to widespread pandemic and unfortunately, the present year 2021 which is more severe and worse in comparison to the last year. The Hon’ble High Court without considering above mentioned facts and the various decisions and observations pertaining effect of the covid situation over the examination made by this Hon’ble Court in various matter pertaining to Class XII Board, CBSE exam as well as other various exams, have been dismissed the Writ Petition and by impugned judgment and order dated 27/08/2021 upheld the notification of the State Government and confirm the scheduling of the examination from 6.9.2021 to 16.9.2021. 7. The applicant submits that the present SLP was listed before this Hon’ble Court on 03/09/2021 and this Hon’ble Court pleased to grant interim relief, temporarily staying the scheduled off-line examination of Plus One students (First Year Higher Secondary Exam). That during the course of hearing the standing Counsel for the State of Kerala has sought time to take instructions regarding the examination of Plus One. That as per the submissions made by the State Counsel they may take decision to conduct the online exam or may decide to have some formula of assessment as done in CBSE, ICSE and Board Class XII students. That as regards to online exam is concern, the present applicants have serious objection due to the non-availability of proper internet network and 11

electronic equipment such as Mobile, Laptop or Computer for online examination. Hence in view of the above submissions, it would be just and proper in the interest of justice to allow the applicants to intervene in the present petition as they are going to directly affected by any decision taken in the present matter. 8. That in the aforesaid circumstances the present application is bonafide and made in the interest of justice. PRAYER It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to: a) permit the Applicants to intervene in the instant Special Leave Petition (C) No.13570/2021 pending before this Hon’ble Court; and b) pass such order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY. Drawn & Filed by:

Filed On: 07.09.2021 (SHASHIBHUSHAN P ADGAONKAR) Drawn on: 07.09.2021 Advocate for the Applicant/ Intervener