IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WA.No. 1254 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9062/2011 Dated 29/03/2011 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. GENERAL CO-ORDINATOR, KERALA SCHOOL SCIENCE MATHEMATICS SOCIAL SCIENCE WORK EXPERIENCE FAIR, KERALA, DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-695001. BY GOVERNMENT PLEADER, MS.T.B.REMANI RESPONDENT(S): PETITIONER ------------------------- ALOK PRADEEP, S/O. PRADEEPAN.M.P., STUDENT STUDYING IN X STD AT RAJEEV GANDHI MEMORIAL HIGH SCHOOL, MOKERI, MINOR REP. BY HIS FATHER PRADEEPAN M.P. S/O. KUMARAN, AGED 46 YEARS RESIDING AT "PRADEEPAM", P.O., PATHAYAKUNNU, VIA. THALASSERY-670691. BY ADV.MR.V.C.JAMES THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1254/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE- I : COPY OF RELEVANT RULES THAT GOVERN THE CONDUCT OF SCIENCE FAIR. ANNEXURE-II : COPY OF CONSOLIDATED MARK LIST. ANNEXURE-III : COY OF ITEM WISE PARTICIPANTS LIST. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A. No.1254 of 2011 .................................................................... Dated this the 7th day of September, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed by the State challenging the judgment of the learned Single Judge directing that the respondent should be given 'A' grade certificate for participation in the State Level Science Congress held for High School students. The case of the appellants is that each district is represented by two students, who came top in the selection process, and so much so, only two students from each district participating in the Science Congress held at State level are entitled to the certificate for grading and for participation. Learned Government Pleader has produced the mark list, which shows that two other students from Kannur District have scored higher marks than the respondent and when they were issued certificates the respondent being 3rd is not entitled to it. However, the learned Single Judge based on W.A.No.1254/2011 2 the norms, which provides for granting of 'A' grade in the State level in the event of participant scored 70% marks, allowed the WP(C), against which this Writ Appeal is filed. 2. After hearing both sides what we notice is that if only two are entitled to participate from each district, only two are eligible to be issued certificate. However, if the Civil Court finally treats the respondent as one eligible for participation in the State level for whatever be the reason established by the respondent, then certainly based on the scoring i.e. 70% and above he is entitled to get 'A' grade certificate. Therefore, we direct the Munsiff Court, Thalassery before which suit is pending, to dispose of the suit finally at the earliest and if the respondent gets a final decree declaring his participation through interim orders as part of final decree, then there will be direction to the appellants to issue 'A' grade certificate to the respondent. However, if the Civil Court does not make the interim orders as part of final decree then the respondent's participation as the 3rd candidate has to be ignored and in that case there is no need to issue certificate. W.A.No.1254/2011 3 This Writ Appeal is disposed of modifying the judgment of the learned Single Judge as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg