IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20955 of 2009(L) -------------------------- PETITIONER(S): --------------- JAYAPRAKASH.J,HARI NIVAS,THIRUMALA BHAGOM.P.O,THURAVOOR,ALAPPUZHA. BY ADV. SRI.K.R.RAJKUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF HIGHER EDUCATION, THIRUVANANTHAPURAM. 2. LAL BAHADUR SASHTHRI CENTRE OF SCIENCE AND TECHNOLOGY,NANDAVANAM,PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR. 3. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. ADV. SRI.P.B.SURESH KUMAR SC, LBS CENTRE FOR R2 GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20955/2009 -------------------- Dated this the 27th day of July, 2009 JUDGMENT Two issues have been raised by the petitioner in this writ petition, concerning his participation in the State Eligibility Test conducted by the 2nd respondent. One relates to the award of moderation for elective subjects taken by the petitioner as Part-II and the other relates to the percentage of marks and the eligibility to be considered as passed in terms of clause 13 of the prospectus. In so far as the issue regarding moderation is concerned, learned counsel for the respondents submits that the Board has decided not to give the benefit of moderation for several elective subjects including Sanskrit (Sahithyam). If that be so, this Court cannot compel the respondents to necessarily give the benefit of moderation to any particular elective subject as such. Subject to the above, the issue of considering whether the petitioner should be treated as having passed should be considered in the light of the directions in Ext.P4 judgment. Needful shall be done within W.P.(C).20955/2009 2 two weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs