IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WA.No. 1127 of 2009() --------------------- AGAINST THE ORDER IN WPC.12361/2009 DATED 29/05/2009 .................... APPELLANT(S): PETITIONERS IN WPC -------------------------------- 1. RAMESH S.,SAFALYAM, CHERUKULAM P.O. CHEMPAMON ANCHAL, KOLLAM DIST. 2. KISHOR SEBASTIAN, KUNNUMPURATHU (H) PERINCHANKUTTY P.O. CHEMPAKAPPARA IDUKKI DIST. 3. BIJU THANKACHEN,BIJU BHAVAN, KUZHIMATHICADU P.O. CHOWALLOOR, KUNDARA, KOLLAM DISTRICT. 4. KRISHNAKUMAR K.G., KOCHUVEETTILTHAZHATHIL VEEDU,THEVALAPURAM P.O. PUTHOOR, KOTTARAKKARA, KOLLAM DISTRICT. 5. SAJITHA P.C. PLAVILA VEEDU, KUZHIMATHICADU P.O. KUNDARA, KOLLAM DISTRICT. 6. BINDU BABY,ANEESH BHAVAN, KUZHIMATHICADU P.O.,KUNDARA, KOLLAM DIST. 7. RUBY.L.KUNJACHAN,THENGILAZHIKATHU PUTHEN VEEDU, KARICKOM P.O. KOTTARAKKARA, KOLLAM DIST. 8. MALINI S.M. KIZHAKKEKARA PUTHEN VEEDU, NEELESWARAM P.O. NEDUVATHOOR KOLLAM DIST. 9. BINCY THANKACHEN BIJU BHAVAN, KUZHIMATHICADU P.O. CHOWALLOOR, KUNDARA, KOLLAM DIST. 10. BINDU JOHN.T.,THEKKANCHERIL HOUSE, PANDHALAM PADAM, PANNIYENKARA P.O. PALAKKAD DIST. 11. ARUN C. KUNNATHAZHIKATHU PUTHEN VEEDU, CHAKKUVARACKAL P.O. KUNNICODU, KOLLAM DIST. BY ADV. SRI.V.K.SATHYANATHAN SRI.K.V.ANIL KUMAR WA 1127/2009 RESPONDENT(S): RESPONDENTS IN WPC --------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, COMMISSIONERATE OF EXAMINATION PAREEKSHA BHAVAN, POOJAPPURA THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 4. THE HEAD MASTER (CHIEF SUPERINTENDENT OF EXAMINATION) GOVERNMENT BOY'S HIGH SCHOOL, KOTTARAKARA, KOLLAM. BY SR. GOVT. PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A. NO. 1127 OF 2009 ----------------------------------------- Dated 2nd June, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioners are the appellants. They have passed S.S.L.C and also Sanskrit-Kovid Examinations. Hitherto, such persons were eligible to write the Sanskrit Teachers Examination, conducted by the Government. But, this time, when the Government issued Ext.P13 notification dated 11.3.2009, calling for applications for Sanskrit Teachers Examination, it was stipulated that only those who have passed S.S.L.C Examination from Sanskrit Schools or those who have cleared S.S.L.C with Sanskrit as the First Language alone are eligible. Persons without such qualifications like the appellants cannot take the above said examination. So, the Writ Petition was filed, seeking appropriate reliefs. The learned Single Judge declined to grant any interim relief, enabling the appellants to participate in the examination, scheduled to be held on 10.6.2009. Hence this appeal. 2. We notice that normally no appeal will lie against an interim order. WA 1127/2009 2 Even assuming an appeal will lie, we feel that this Court cannot amend Ext.P13 by adding one more qualification to the prescribed qualifications thereunder. Whether the exclusion of persons with S.S.L.C and Sanskrit- Kovid qualifications is arbitrary or irrational, is a matter, which has to be adjudicated finally in the Writ Petition. Prima facie, we are not satisfied that at this stage interference is warranted and interim order should be passed in favour of the appellants. In the result, the Writ Appeal fails and it is dismissed. But, it is clarified that the learned Single Judge shall dispose of the Writ Petition uninfluenced by anything said in the order under appeal. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. nm/