IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 36839 of 2004(I) -------------------------- PETITIONER(S): --------------- BIPIN JACOB, AGED 16, KOORAMPULIYA- PPILLIL HOUSE, KARIPOLE P.O. VALANCHERRY, REP. BY FATHER AND GUARDIAN K.V.JACOB. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANADU, ERNAKULAM. 3. THE D.E.O. KOTHAMANGALAM. 4. THE SECRETARY, DISTRICT SCHOOL GAMES, KOTHAMANGALAM. 5. DANTE ALIGIRI PAUL, AGED 17, POLIKKATTIL HOUSE, NELLIKUZHY, KOTHAMANGALAM, REP. BY GUARDIAN SUSAMMA POULOSE, POLIKKATTIL HOUSE, NELLIKKUZHY, KOTHAMANGALAM. 6. THE HEADMASTER, GOVERNMENT U.P.SCHOOL, CHENGARA, KEERAMPARA P.O. KOTHAMANGALAM. ADV. SRI.P.CHANDY JOSEPH FOR R5 GOVERNMENT PLEADER SRI.P.K. RAVIKRISHNAN FOR R1TO3,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE INTIMATION DATED 9.11.2004 FROM THE KOTHAMANGALAM MUNICIPALITY. EXT.P2 TRUE COPY OF THE PROTEST FILED BY THE PETITIONER BEFORE HIS TEAM MANAGER. EXT.P3 TRUE COPY OF THE COVERING LETTER DATED 2.11.2004 SUBMITTED BY THE TEAM MANAGER OF THE FIRST PETITIONER. EXT.P4 TRUE COPY OF THE DECISION DATED 3.11.2004 OF THE THIRD AND 4TH RESPONDENTS. EXT.P5 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 17.1.2004 EXT.P6 TRUE COPY OF THE ORDER OF FIRST RESPONDENT REGARDING THE ABOVE MATTER. EXT.P7 TRUE COPY OF THE JUDGMENT IN WPC 33025 OF 2004 DATED 2.12.2004 EXT.P8 TRUE COPY OF THE LETTER SUBMITTED ;BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 3.12.2004 EXT.P9 TRUE COPY OF THE ORDER A4-8591/04 DATED 6.12.2004 SIXTH RESPONDENT'S EXHIBITS: EXT.R6(a) TRUE COPY OF EXTRACTION OF ADMISSION REGISTER FOR ADMISSION NO. 4283 EXT.R6(b) TRUE COPY OF EXTRACTION OF ADMISSION REGISTER FOR ADMISSION NO. 4555 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 36839 OF 2004 -------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT Petitioner is challenging the award of first prize in two events in the District Sports Meet of Schools during 2004-05 on the ground that fifth respondent was over-aged. Petitioner's case is that date is reckoned with reference to the date mentioned in the birth certificate. However, on going through the counter affidavit I find that appellate authority on two occasions second one pursuant to interim direction of this Court considered the matter and fifth respondent was found to be eligible to participate in the junior category based on his date of birth in school records. Petitioner secured second prize in two events while the fifth respondent secured first prize in two events. I do not find any justification to interfere with the finding of the appellate authority based on the age recorded in the school records. W.P. is therefore dismissed as devoid of any merit. (C.N. RAMACHANDRAN NAIR) Judge kk 2