IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37274 of 2009(D)
1. HARIKRISHNAN A.S.,MINOR AGED 17
... Petitioner
2. JERY JOY, MINOR AGED 17
Vs
1. THE STATE OF KERALA
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS
3. THE DEPUTY DIRECTOR OF EDUCATION (D.D.E)
4. THE APPEAL COMMITTEE, REVENUE DISTRICT
For Petitioner :SRI.K.JAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/06/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 37274 of 2009
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Dated this the 11th day of June, 2010
J U D G M E N T
The petitioners are students of Std. XII, who participated in the
Science Fair organised by the 1st respondent at BVMHS, Kalparamba,
on 25th and 26th of November, 2009. They scored A grade and they
were ranked first in their item of competition. Thereafter, at the
revenue district level at Chalakkudy on 9th and 10th December, 2009,
the petitioners’ project was placed in the third position, which,
according to the petitioners, is because of partisan judging, thus
depriving the petitioners of a chance to participate in the State Science
Fair to be held at Thrissur from 28th December, 2009 onwards. The
petitioners filed an appeal, which, according to the petitioners, has not
yet been considered. The petitioners’ contention is that the intention of
the respondents is to return the appeal itself as infructuous and
prevent the petitioners’ participation at the State Science Fair, wherein
they had stood first on an earlier occasion, when the petitioners were
studying in Std.X. It is under the above circumstances, the petitioners
have filed this writ petition seeking the following reliefs:
“(i) direct the project submitted at the Revenue District Science Fair be
re-adjudicated and the petitioners be granted the First Rank at the
said Fair.(ii) Issue a Writ of mandamus or any other appropriate Writ or
direction directing Respondent No.4 to dispose of Ext.P5 appeal
after hearing the petitioners or their representatives.(iii) Issue a Writ of mandamus or any other appropriate Writ, order or
w.p.c.37274/09 2
direction directing the Respondents No.1 to 3 to permit the
petitioners to participate and submit their project at the State
Science Fair, 2009 to be held at Thrissur from 28.12.2009, pending
final hearing and disposal of the above Writ Petition.”2. This Court, by order dated 22.12.2009, allowed the
petitioners also to participate in the State Fair and the petitioners
scored A Grade and 2nd prize. But they are not being given the
certificate and grace marks due in respect thereof.
3. The learned Government Pleader, on instructions, submits
that although the petitioners scored second prize in the State Science
Fair, since the petitioners did not score more marks than the persons
who were selected from the petitioners’ district, as per the clause in
the manual which requires that a candidate who appears for the State
Science Fair on the basis of a court order would have to secure more
marks than the regularly selected candidates for being eligible for
getting the prizes and certificates, the petitioners were denied
certificates.
4. I had occasion to consider an identical question in W.P.(C).
No.36787/2009, in which, I had passed the following judgment:
‘The petitioners in this writ petition are students who have
participated in the District Level Science Fair in Higher Secondary Schools
in the State of Kerala introduced by the Government from this academic
year. As per the scheme of the competitions, competitions are
conducted in school level, sub-district level, district level and state level.
The First prize winners of school level are permitted to participate in
the sub-district level. Winners of sub district level are qualified to
participate in district level and so on. The petitioners are students who
participated in the sub-district level competition. Since the declaration of
results were not in accordance with Manual, the petitioners filedw.p.c.37274/09 3
statutory appeal before the A.E.O in time. The same was rejected on 28-
11-2009 without hearing and without considering the provisions
contained in the Manual. Aggrieved by the said order, the petitioners
approached the Munsiff’s Court, Kuthuparamba by filing O.S. No.
277/2009. The Munsiff passed an interim order directing the 2nd
respondent to permit the petitioners to participate in the district level
competition. The petitioners participated in the district level competition.
But, the results of the petitioners were not declared. The petitioners
approached this Court at a time when the state level competitions were
about to commence from 28-12-2009, seeking the following reliefs:“i) to issue a writ of mandamus or such other order or
direction directing the 1st respondent to allow the petitioners to
take part in the state level Science, Mathematics, Social Science,
Work experience, fair to be held on 28-12-2009 to 01-01-2010 at
Model Higher Secondary School Girls, Trichur.ii) to declare that the petitioners are competent and eligible to
take part in the State Level Science, Mathematics, Social Science,
Work experience, Competition in the item improvised experiments
in Science fair.”
2. This Court, by interim order dated 23-12-2009, permitted the
petitioners to participate in the state level competition provisionally.
Pursuant to the same, the petitioners participated and they obtained A
Grade. The petitioners’ grievance now is that on the ground that the
petitioners did not score higher marks than the regularly selected
candidates, namely, respondents 4 and 5, they are not entitled to
certificates as per a condition in the Manual wherein persons who have
participated by virtue of orders of the Court would be entitled to get the
benefit of the results of the competition only if they score more marks
than the regularly selected candidates in the competition. According to
the petitioners, the said action of respondents 1 to 3 is clearly
discriminatory and illegal. They would submit that when the Court
permitted them to participate in the competition that is because the Court
was prima facie satisfied that they were legally so entitled to participate.
The fact that they could not fair better than the regularly selected
candidates on the particular day does not mean that they are disentitled
to the results of the competition, is their contention.
3. I have considered the rival contentions in detail.
4. In view of the facts and circumstances of the case, I confirm
the interim order and declare that the petitioners have validly
participated in the competition. In view of that declaration, the
participation of the petitioners in the state level competition would
amount to legal participation like other regularly selected candidates.
That being so, the petitioners cannot be discriminated on the ground that
they appeared on the basis of a court order. The performance of
candidates need not necessarily be consistent all along. On a particularw.p.c.37274/09 4
day, they may fair better or below par than others. But they cannot be
denied the benefit of the results they obtained on the ground that since
they participated on the basis of the court order, they have to fair better
than the other regularly selected participants. If that be so, the
petitioners are entitled to keep the results they had obtained in the
competition.
Accordingly, this writ petition is disposed of directing respondents 1
to 3 to issue certificates to the petitioners in accordance with the rules of
the competition and also to award grace marks, if they are entitled for
the same in accordance with the scheme.”
My above findings squarely apply to the case of the petitioners herein
also.
In view of the circumstances mentioned in the writ petition, I am
satisfied that the petitioners were rightly allowed to participate in the
State Science Fair. Therefore, the petitioners are entitled to be
considered as regularly selected for participation in the State Science
Fair. Consequently, the petitioners are entitled to keep the results of
the competition at the State Science Fair. Therefore, the respondents
are directed to issue certificates to the petitioners in accordance with
the results of the State Science Fair and give grace marks if they are
eligible for the same as per the conditions for the same. The same
shall be done as expeditiously as possible, at any rate, within two
weeks from the date of receipt of a certified copy of this judgment.
The writ petition is allowed as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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