IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 12060 of 2008(I) -------------------------- PETITIONER: ------------ R.P.REMANAN,AGED 57 YEARS, S/O. V.K.PARAMESWARA KURUP, NOW RESIDING AT 'HRUDYA' THANEERMUKKOM P.O.,ALAPPUZHA DISTRICT PIN 688 527. BY ADV. SRI.P.T.DINESH SMT.REKHA VASUDEVAN RESPONDENTS: ------------- 1. KERALA STATE HUMAN RIGHTS COMMISSION REPRESENTED BY ITS SECRETARY, ARKANILAYAM, M.P. APPAN ROAD, VAZHUTHAKKADU,THIRUVANANTHAPURAM 2. STATE OF KERALA, REPRESENTED BY THE LAW SECRETARY, LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI. I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 12060 OF 2008 = = = = = = = = = = = = = Dated this the 22nd day of May, 2008. J U D G M E N T Petitioner aspires for an award for his book “Manushyavakasangal” which is a collection of 14 essays dealing with the origin and development of the concept of human rights, in accordance with a scheme adopted by the State Government. But the stipulation in the scheme that the publication shall be within a period of three years from the relevant date stands in his way. He therefore challenges the stipulation in clause 5 of Ext.P8 wherein it has been stipulated that only those works published within three years immediately preceding the date of calling for application will be considered under the scheme. According to him this is arbitrary and unreasonable, particularly because for consideration of manuscripts for the same award, no such restriction is there. He therefore seeks the following reliefs: 1. Declare that Eligibility clause in the Appendix to the Ext.P8 Government Order that “only those works published within three years immediately preceding the date of calling for application will be considered under the scheme” for the first award for creative writing on Human Rights in Malayalam as highly illegal, arbitrary and discriminatory. W.P.(C).No. 12060 OF 2008 2 2. Declare that stipulation of a cutoff date to the books published and non-stipulation of such a cutoff date to a manuscript in the Appendix to the ext.P8 as highly illegal and discriminatory. 3. Declare that by referring the book of the petitioner “Manushyavakasangal” for the consideration of an award to an expert, the first respondent is estopped from refusing the favourable expert opinion for considering the book for the first award for creative writings on Human Rights in Malayalam. 4. To call for the records leading to Ext.P8 and quash the Eligibility clause in the Appendix to the Ext.P8 Government Order that”only those works published within three years immediately preceding the date of calling for application will be considered under the scheme” by the issuance of a writ of certiorari or any other appropriate writ, order or direction as this Hon'ble court may deem fit to grant. 5. To call for the records leading to Ext.P15 minutes dated 29.12.2006 and Ext.P16 order dated 13.3.2007 by the 1st respondent and quash the first part of Exts.P15 and P16 by the issuance of a writ of certiorari or any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant. 6. To call for the records leading to Ext.P19 minutes dated 28.11.2007 and Ext.P20 order dated 12.12.2007 by the 1st respondent and quash Ext.P19 and Ext.P20 by the issuance of a writ of certiorari or any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant. 7. To call for the records leading to Ext.P12 order dated 15.11.2005 and Ext.P13 order dated 22.3.2006 by the 2nd respondent and quash Ext.P12 and Ext.P13 by the issuance of a writ of certiorari or any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant. 8. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to consider afresh the book “Manushyavakasangal” authored by the petitioner for the first award for creative writing on Human Rights in Malayalam in the light of the Ext.P18 expert opinion and pass appropriate orders, within a reasonable time as stipulated by this Hon'ble Court. W.P.(C).No. 12060 OF 2008 3 2. I have heard the contentions of the petitioner. I do not find anything arbitrary or unreasonable in the said clause. It is perfectly within the powers of the Government to prescribe such a condition. In the case of manuscripts, since the manuscripts have not yet been published there is no point in prescribing such a condition. Therefore the manuscripts stand on a different footing and such a classification is reasonable. That being so, there is no discrimination as well. In the circumstances, there is no merit in the writ petition and the same is therefore dismissed. S.SIRI JAGAN, JUDGE bkn/-