IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 9262 of 2010(G) PETITIONER(S): 1. E.K.SUBRAMANIAN, EDATHADAN HOUSE, P.O.AMBALAVAYAL, WAYANAD DISTRICT. 2. V.CHANDRANGATHAN, VATTELY HOUSE, KUPPADY P.O., WAYANAD DISTRICT. 3. V.DAMODARAN, PAZHERIYIL HOUSE, P.O.VADUVANCHAL, WAYANAD DISTRICT. 4. JOSEPH JOHN V., VAZHAKATTE HOUSE, P.O.KOLERI, VIA KENICHIRA, WAYANAD DISTRICT. 5. BINDU PRABHADAS, THANDAYAMPARAMBIL HOUSE, AMBALAVAYAL P.O., WAYANAD DISTRICT. 6. JAYAPRAKASH, RADHAPURI HOUSE, P.O.MENANGADI, WAYANAD DISTRICT. 7. VIJAYAN P.G., CHENGATH HOUSE, MYLAMPADI P.O., WAYANAD DISTRICT. 8. A.R.SIVADAS, ERALANKOTTIL HOUSE, PUTHENKUNNU P.O., NAMBIKKOLLY, WAYANAD DISTRICT. 9. MARY, KALACHIRA QUARTERS, THOTTAPPANKULAM, BEENACHI, WAYANAD DISTRICT. 10. SAROJINI P.K., MALANKARA HOUSE, NENMANI P.O., KOLIYADI, S.BATHERY, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MEENANGADI GHSS, WAYANAD - 673 691. GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 9262 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of June, 2010. J U D G M E N T In this writ petition, the petitioners are students who participated in the State Level Youth Festival on the basis of an order by the appellate committee permitting the petitioners to participate in the state level competition. Now the petitioners have been denied the benefit of the results of the state level competition on the ground that the petitioners have not secured more marks than the candidates who were regularly selected for the state level competition. The petitioners therefore seek the following reliefs: “a) Declare that the Meenangadi H.S.S. Thiruvathira team which participated in the state level category IV competition of Thiruvathira are entitled and eligible to get grace mark of 30 each as they were ranked 5th in the State Level Competition in the Kerala Kalolsavam 2010 held at Kozhikode. b) Declare that the clause in the Kerala School Kalolsavam Manual to the extent of denying grace mark to the students on the ground that they did not obtain 1st rank in the category III District level competition is unconstitutional.” 2. The learned Government Pleader would submit that it is on the basis of a clause in the Manual applicable such a restriction has been imposed. 3. I have considered the rival contentions in detail. 4. When an appeal is allowed, it is on the basis that the original decision is wrong. Therefore, the petitioners participated in the state level competition because the appellate authority found that the decision of the lower authority is wrong and the petitioners were entitled to be selected for the state level competition. That being so, once the appeal is allowed and the appellant is allowed to participate in the State level competition, the appellant also becomes a regularly selected candidate. Thereafter that candidate cannot be discriminated W.P.C. No. 9262/2010 -: 2 :- on the ground that he/she participated on the basis of the decision in appeal. The fact that they did not perform better than the candidates who were regularly selected by the lower authority is no ground to deny the petitioners the benefit of the result of the state level competition. A clause in the Manual permitting such discrimination cannot be accepted as valid since the same is against the basic law. Therefore, the petitioners are entitled to succeed in this writ petition. Accordingly, this writ petition is allowed and the respondents are directed to issue to the petitioners certificates in accordance with their results in the state level competition and also to award grace marks, if they are entitled to the same. The same shall be done within two weeks from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.