IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 37274 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. HARIKRISHNAN A.S.,MINOR AGED 17 S/O. SHA A.K., ALAYIL HOUSE,P.O.KADUPPASSERY KONIKKARA, THRISSUR DISTRICT, REPRESENTED BY HIS FATHER AND GUARDIAN SHA A.K. IN DO..DO. 2. JERY JOY, MINOR AGED 17 S/O. JOY ANTONY, PUNNELIPARAKBIL HOUSE THUMBOOR PO, THRISSUR DISTRICT REPRESENTED BY HIS FATHER AND GUARDIAN JOY ANTONY DO..DO.. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY,DEPT OF EDUCATION SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS (D.P.I) THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION (D.D.E) THRISSUR DISTRICT, THRISSUR. 4. THE APPEAL COMMITTEE, REVENUE DISTRICT SCIENCE FAIR, THRISSUR, REPRESENTED BY ITS CHAIRMAN, DDE, THRISSUR. GOVERNMENT PLEADER SHRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 37274/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE DTD.2.11.2007 OF P2. P2. -DO- P1. P2A. -DO- P3. COPY OF THE -DO- P2. P3A. -DO- P4. COPY OF THE -DO- P1. P4A. COPY OF THE -DO- P2. P5. COPY OF THE APPEAL FILED BEFORE R4. P6. COPY OF THE RECEIPT DTD.10.12.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 37274 of 2009 ================== Dated this the 11th day of June, 2010 J U D G M E N T The petitioners are students of Std. XII, who participated in the Science Fair organised by the 1st respondent at BVMHS, Kalparamba, on 25th and 26th of November, 2009. They scored A grade and they were ranked first in their item of competition. Thereafter, at the revenue district level at Chalakkudy on 9th and 10th December, 2009, the petitioners' project was placed in the third position, which, according to the petitioners, is because of partisan judging, thus depriving the petitioners of a chance to participate in the State Science Fair to be held at Thrissur from 28th December, 2009 onwards. The petitioners filed an appeal, which, according to the petitioners, has not yet been considered. The petitioners' contention is that the intention of the respondents is to return the appeal itself as infructuous and prevent the petitioners' participation at the State Science Fair, wherein they had stood first on an earlier occasion, when the petitioners were studying in Std.X. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “(i) direct the project submitted at the Revenue District Science Fair be re-adjudicated and the petitioners be granted the First Rank at the said Fair. (ii) Issue a Writ of mandamus or any other appropriate Writ or direction directing Respondent No.4 to dispose of Ext.P5 appeal after hearing the petitioners or their representatives. (iii) Issue a Writ of mandamus or any other appropriate Writ, order or w.p.c.37274/09 2 direction directing the Respondents No.1 to 3 to permit the petitioners to participate and submit their project at the State Science Fair, 2009 to be held at Thrissur from 28.12.2009, pending final hearing and disposal of the above Writ Petition.” 2. This Court, by order dated 22.12.2009, allowed the petitioners also to participate in the State Fair and the petitioners scored A Grade and 2nd prize. But they are not being given the certificate and grace marks due in respect thereof. 3. The learned Government Pleader, on instructions, submits that although the petitioners scored second prize in the State Science Fair, since the petitioners did not score more marks than the persons who were selected from the petitioners' district, as per the clause in the manual which requires that a candidate who appears for the State Science Fair on the basis of a court order would have to secure more marks than the regularly selected candidates for being eligible for getting the prizes and certificates, the petitioners were denied certificates. 4. I had occasion to consider an identical question in W.P.(C). No.36787/2009, in which, I had passed the following judgment: 'The petitioners in this writ petition are students who have participated in the District Level Science Fair in Higher Secondary Schools in the State of Kerala introduced by the Government from this academic year. As per the scheme of the competitions, competitions are conducted in school level, sub-district level, district level and state level. The First prize winners of school level are permitted to participate in the sub-district level. Winners of sub district level are qualified to participate in district level and so on. The petitioners are students who participated in the sub-district level competition. Since the declaration of results were not in accordance with Manual, the petitioners filed w.p.c.37274/09 3 statutory appeal before the A.E.O in time. The same was rejected on 28- 11-2009 without hearing and without considering the provisions contained in the Manual. Aggrieved by the said order, the petitioners approached the Munsiff's Court, Kuthuparamba by filing O.S. No. 277/2009. The Munsiff passed an interim order directing the 2nd respondent to permit the petitioners to participate in the district level competition. The petitioners participated in the district level competition. But, the results of the petitioners were not declared. The petitioners approached this Court at a time when the state level competitions were about to commence from 28-12-2009, seeking the following reliefs: “i) to issue a writ of mandamus or such other order or direction directing the 1st respondent to allow the petitioners to take part in the state level Science, Mathematics, Social Science, Work experience, fair to be held on 28-12-2009 to 01-01-2010 at Model Higher Secondary School Girls, Trichur. ii) to declare that the petitioners are competent and eligible to take part in the State Level Science, Mathematics, Social Science, Work experience, Competition in the item improvised experiments in Science fair.” 2. This Court, by interim order dated 23-12-2009, permitted the petitioners to participate in the state level competition provisionally. Pursuant to the same, the petitioners participated and they obtained A Grade. The petitioners' grievance now is that on the ground that the petitioners did not score higher marks than the regularly selected candidates, namely, respondents 4 and 5, they are not entitled to certificates as per a condition in the Manual wherein persons who have participated by virtue of orders of the Court would be entitled to get the benefit of the results of the competition only if they score more marks than the regularly selected candidates in the competition. According to the petitioners, the said action of respondents 1 to 3 is clearly discriminatory and illegal. They would submit that when the Court permitted them to participate in the competition that is because the Court was prima facie satisfied that they were legally so entitled to participate. The fact that they could not fair better than the regularly selected candidates on the particular day does not mean that they are disentitled to the results of the competition, is their contention. 3. I have considered the rival contentions in detail. 4. In view of the facts and circumstances of the case, I confirm the interim order and declare that the petitioners have validly participated in the competition. In view of that declaration, the participation of the petitioners in the state level competition would amount to legal participation like other regularly selected candidates. That being so, the petitioners cannot be discriminated on the ground that they appeared on the basis of a court order. The performance of candidates need not necessarily be consistent all along. On a particular w.p.c.37274/09 4 day, they may fair better or below par than others. But they cannot be denied the benefit of the results they obtained on the ground that since they participated on the basis of the court order, they have to fair better than the other regularly selected participants. If that be so, the petitioners are entitled to keep the results they had obtained in the competition. Accordingly, this writ petition is disposed of directing respondents 1 to 3 to issue certificates to the petitioners in accordance with the rules of the competition and also to award grace marks, if they are entitled for the same in accordance with the scheme.” My above findings squarely apply to the case of the petitioners herein also. In view of the circumstances mentioned in the writ petition, I am satisfied that the petitioners were rightly allowed to participate in the State Science Fair. Therefore, the petitioners are entitled to be considered as regularly selected for participation in the State Science Fair. Consequently, the petitioners are entitled to keep the results of the competition at the State Science Fair. Therefore, the respondents are directed to issue certificates to the petitioners in accordance with the results of the State Science Fair and give grace marks if they are eligible for the same as per the conditions for the same. The same shall be done as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.37274/09 5