IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1715 of 2008()
1. R.P. REMANAN, AGED 57 YEARS,
... Petitioner
Vs
1. KERALA STATE HUMAN RIGHTS COMMISSION,
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.P.T.DINESH
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :25/08/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1715 of 2008
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Dated, this the 25th day of August, 2008
JUDGMENT
H.L.Dattu, C.J.
The judgment of the learned Single Judge in
W.P. (C) No.12060 of 2008 dated 22nd May, 2008 is the subject matter of
this writ appeal.
(2) The National Human Rights Commission by its letter
dated 13.12.2000 had requested the State Government to institute certain
incentive schemes to motivate the authors/intellectuals to write their books
on human rights aspects of the matter in Malayalam language.
(3) Pursuant to the request so made by the National Human
Rights Commission, the State Government by its order dated
29th January, 2004 has formulated a Scheme. The Scheme is known as
‘Award for Creative Writings on Human Rights in Malayalam’. Under
the Scheme the eligibility criteria is fixed. One such criteria is that, only
those books published within three years immediately preceding the date
of calling for applications will be considered for the benefit under the
Scheme.
(4) Admittedly, in the instant case, the petitioner has
published the book on human rights some time in the year 1999.
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His creative book in Malayalam is not considered by the State Government
for the purpose of granting incentive under the Scheme. Aggrieved by this
omission on the part of the State Government, the petitioner was before
this Court.
(5) According to the petitioner, the cut off date fixed by the
State Government for considering the grant of incentive under the Scheme
is arbitrary and, therefore, is violative of Article 14 of the Constitution.
(6) The learned Single Judge has not accepted the assertion
made by the petitioner, and accordingly has rejected the writ petition. That
is how the petitioner is before us in this writ appeal.
(7) One of the conditions in Clause 5 of the Scheme reads as
under:
“Only those works published within 3 years
immediately preceding the date of calling for
applications will be considered under the scheme.”
(8) By fixing this eligibility criteria, the State Government
intends to grant incentive/award under the Scheme only for those authors
who have published their books within three years immediately preceding
the date of calling for applications. All those persons who have published
their books within three years from the date of calling of the applications
would be considered for awarding the benefit under the Scheme.
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(9) In the instant case, as we have already stated, the
petitioner had published his book in the year 1999 and, therefore, he
cannot be considered for granting any incentive under the Scheme. In our
opinion, under the Scheme equals are treated equally. If that concept is
accepted, it cannot be said that the action of the State Government is either
arbitrary or illegal, and therefore, is violative of Article 14 of the
Constitution of India.
(10) In that view of the matter, we do not see any error in
the orders passed by the learned Single Judge which would call for our
interference in appeal. Therefore, the writ appeal requires to be rejected
and it is rejected.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns/dk