IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WA.No. 2380 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.36464/2008 Dated 11/12/2008 .................... APPELLANT/PETITIONER: ------------------------------------ RAJESH K.S., TEACHER AND TEAM MANAGER, S.N.H.S.S., NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM -1. 3. THE GENERAL CONVENOR, PARAVUR SUB DISTRICT SCHOOL YOUTH FESTIVAL 2008-09, S.N.V. SANSKRIT HIGHER SECONDARY SCHOOL,' NORTH PARAVUR. 4. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. (GENERAL CONVENOR, ERNAKULAM REVENUE DISTRICT YOUTH FESTIVAL 2008-09, GOVERNMENT GIRLS H.S.S., ALUVA) BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2380 of 2008 ---------------------------------------------- Dated, this the 15th day of December, 2008 JUDGMENT Basheer, J. Appellant is stated to be working as a teacher of S.N.H.S.S., North Paravur. He is also the manager of the team of Students representing the school in the youth festival. (2). He had approached the learned Single Judge praying for a writ in the nature of manadamus directing the respondents to permit his team to participate in 'parichamuttukali' and 'drama' competitions (category IV) in the Ernakulam Revenue District Youth Festival 2008-09 scheduled to be held on 15.12.2008 at Aluva. Inter alia, it was also prayed that a writ of certiorari be issued to quash that part of Ext.P4 Manual which allegedly took away the right of the appellant's team to participate at the District Youth Festival. (3). Learned Single Judge dismissed the writ petition holding that in the facts and circumstances of the case, it could not be said that the new manual (Ext.P4) did in any way take away the so-called right of the appellant's team. (4). The appellant contends that, going by Ext.P3 manual which preceded Ext.P4, the team which obtained first, second and third places could directly participate at the District level in the ensuing year. W.A.No.2380 of 2008 -2- Appellant's team had admittedly obtained first and second places in 'parichamuttukali' and 'drama' respectively during the last year. Therefore, going by the regulation in Ext.P3 manual, appellant's team could have participated in the competition during this year for the items concerned which in turn would have enabled them to obtain grace marks for the public examination. (5). But the Government had brought in Ext.P4 manual in 2008 in a bid to have a uniform code of regulations for the conduct of these competitions all over the State. Under the new manual, a new tier of competition was introduced at Inter-district level ahead of District level competitions. It is on record that appellant's team could not get through inter-district level and thus obviously could not get qualified to participate at the district level. It was at that stage that the appellant had approached the learned Single Judge and that too after the appellate committee had rejected the appeal against the decision of the judging committee. (6). We have perused the clauses contained in Exts.P3 and P4. Learned counsel for the appellant contends that, the vested right of the appellant's team had been taken away by introduction of a new tier of competition at the inter-district level. We are unable to agree. In our view Ext.P4 Mannual cannot be challenged on the ground that it is W.A.No.2380 of 2008 -3- discriminatory. It cannot be said that clause 7 in Chapter VIII of Ext.P3 Manual did give any vested right to the appellant's team for a direct entry to the District level competition. The clause only said that if the team qualified for the District level competition in the next year, the team members would get grace marks. Therefore, we do not see any reason to interfere with the order passed by the learned Single Judge. There is no merit in the writ appeal. Accordingly, it is dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS