IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 13245 of 2008(B) ------------------------------------- PETITIONER: ------------------- P.B.GEORGE,RESIDING AT PALLIPARAMBIL MITHRAM COMPLEX ARAKUNNAM 682 313 BY ADV. SMT.SANDHYA RAJU SMT.RASHMI RAMESH SMT.P.A.JAIMOLE SMT.SABNA BABU SMT.JASHITHA VIJAYAN RESPONDENTS: ---------------------- 1. MINISTRY OF SOCIAL WELFARE, (GOVT.OF KERALA) REPRESENTED BY ITS PRINCIPAL SECRETARY OF STATE 2. SECRETARY MULATHURUTHY GRAMA PANCHAYAT 3. STATE (KERALA) REPRESENTED BY ITS CHIEF SECRETARY,TRIVANDRUM. BY GOVERNMENT PLEADER MR. DILIP MOHAN ADV. MR.S.SREEKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 13245 of 2008 ................................................. Dated this the 14th day of July, 2009 J U D G M E N T The petitioner is the parent of a child with disability. As per G.O.(M.S.) No.183/07/LSGD dated 24.7.2007, the Government had clarified that the benefits of the schemes framed by the Government, for children with disabilities shall applicable to all of them irrespective of whether they belong to the Above Poverty Line (APL) category or Below Poverty Line (BPL) category. Despite the same, according to the petitioner, the petitioner is being discriminated and benefits of the scheme is denied in respect of his child on the ground that his income is higher. It is under the said circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the Respondents 2 to implement the Exhibit P1 Govt. Order. b) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 3rd Respondents to dispose of the Representation Marked as Exhibit P4.” 2. A counter affidavit has been filed by the 2nd respondent, W.P(C) No. 13245 of 2008 -2- wherein, it is stated that the amount allotted under the scheme for this financial year is Rs.1,50,000/-. There are 21 applicants for financial assistance under the scheme. It would be impossible to provide grant to all the 21 students. Hence, the Panchayat took a decision to distribute the grant to students whose parents' annual income was below Rs.50,000/- It is further submitted that as per the income certificate produced by the petitioner, his annual income is Rs.1,28,652/-. It is under the above circumstances, the financial assistance could not be given to the petitioner's child, is the contention raised in the counter affidavit. After considering the rival contentions, I do not think that there is any infirmity in the decision taken by the Panchayat, in so far as the amount is small and the applicants are more. The Panchayats decision is based on intelligible criteria and cannot be stated to be discriminatory. In the above circumstances, I do not find any merit in the writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE rhs