IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 4724 of 2008(K) ------------------------------------ PETITIONER: ------------------ TONY MATHEW, AGED 20, S/O. ABRAHAM KOSHY, LOVE DALE, TC NO.2/582(1), RAJEEV GANDHI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.A.MOHAMMED SHAH SRI.P.H.SHAJAHAN RESPONDENTS: ----------------------- 1. PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. DIRECTOR OF PHYSICAL EDUCATION, DEPARTMENT OF PHYSICAL EDUCATION, UNIVERSITY OF KERALA. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. - R2 & R3 GOVERNMENT PLEADER SRI.P.N.SANTHOSH - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4724/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER BY THE UNIVERSITY DT. 27.5.03. EXT.P2:- COPY OF THE ORDER OF KERALA UNIVERSITY DT. 30.6.04. EXT.P3:- COPY OF THE ORDER ISSUED BY THE KERALA UNIVERSITY DT. 3.10.05. EXT.P4:- COPY OF THE CERTIFICATE ISSUED BY THE DIRECTOR OF PHYSICAL EDUCATION DT. 20.3.2006. EXT.P5:- COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DT. 20.3.2006. EXT.P6:- COPY OF THE ORDDER ISSUED BY THE 2ND RESPONDENT DT. 7.9.07. EXT.P7:- COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DT. 28.1.2008. /TRUE COPY/ P.A. TO JUDGE tss S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 4724 OF 2008 = = = = = = = = = = = = = Dated this the 16th day of June, 2008. J U D G M E N T The petitioner is an Engineering student doing his B.Tech course at Govt. Engineering College, Thiruvananthapuram. He claims to be a sports person, who has taken part in national level competitions in badminton and obtained certificate for the same for the year 2005-06. According to the petitioner, he is entitled to get 5% grace marks for his B.Tech examination for having participated in inter University Tournament at Belgaum. Grace marks were granted for 2nd year and 4th year. By Ext.P3 order of the 2nd respondent provision of grace marks was limited for the years up to 2004-05. Subsequently, pursuant to representations made by the students, the University issued Ext.P6 order, restoring the award of grace marks for sports persons. However, for the year 2005-06 alone, grace marks was not given. Persons who participated in sports activities prior to and subsequent to 2005-06 were awarded grace marks. Petitioner submits that it amounts to arbitrariness and therefore the petitioner seeks the W.P.(C).No. 4724 OF 2008 2 following reliefs: i) To call for the records relating Exts.P1 to P7 and to issue a writ of mandamus directing the respondents to grant the grace marks to the petitioner for the 5th and 6th semester B.Tech examination for the academic year 2005-2006. ii) To consider and dispose of Ext.P7. 2. A counter affidavit has been filed by the University disputing the claim of the petitioner. According to them, petitioner cannot claim grace marks as of right, since it is only a concession given to sports persons. According to the University, earlier the award of grace marks was stopped in 2004 and thereafter, pursuant to direction from this Court, this was restored. But University decided to give the grace marks only from 2006-07 onwards, which according to them cannot be stated to be arbitrary. 3. I have considered the rival contentions in detail. 4. Since grace marks were being awarded prior to 2005- 06 and are being awarded subsequent to 2005-06 also, there is no rationale in denying grace marks to those students of the year 2005-06 only. In the above circumstances, I am satisfied that W.P.(C).No. 4724 OF 2008 3 the refusal to grant grace marks for the students of year 2005-06 alone is unjustified and unreasonable. Accordingly, I dispose of this writ petition with a direction to the University to grant grace marks to petitioner, if he is otherwise eligible for the same for the examinations written by him in 2005-06 also. The petitioner shall forward a proper application for the purpose through the Principal of the college to the Director of Physical Education with all necessary documents as per the procedure prescribed and the 3rd respondent shall forward it to the 2nd respondent. The 2nd respondent shall thereafter pass appropriate orders thereon. The entire exercise shall be completed within a period of one month from the date of receipt of the application of the petitioner by the 3rd respondent through proper channel. S.SIRI JAGAN, JUDGE bkn/-