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. 36787 of 2009(P) -------------------------------------- PETITIONER(S): ----------------------- 1. ROSHIMA.K. D/O. ROHINI.K. AGED 17 YEARS, RESIDING RAM NIVAS, PAZHASSI AMSOM, NELLUNNI ESAM, EDAVELIKKAL, P.O.URUVACHAL, REP.BY ITS MOTHER PADMINI. 2. ANUSREE.E., D/O. SYAMALA.E AGED 17 YEARS, KAKKENGAD AMSAM, PALA DESAM THROUGH NEXT FRIENT THROUGH NEXT FRIEND ROHINI.K., D/O. KUNHIRAMAN NAMBIAR, AGED 53, RESIDING AT RAM NIVAS, PAZHASSI AMSAM, NELLUNNI DESAM,EDAVELIKKAL P.O.URUVACHAL. BY ADV. SRI.V.C.JAMES SRI.K.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF PUBLC INSTRUCTION AND THE GENERAL CO-ORDINATOR, KERALA SCHOOL MATHAMATICS, SCIENCE, SOCIAL SCIENCE & WORK EXPERIENCE FAIR, THIRUVANANTHAPURAM, KERALA. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR AND THE GENERAL CONVENER. 3. THE A.E.O. IRITTY SUB DISTRICT, IRITTY, KANNUR DISTRICT. 4. SAGIL.G. SATHYAN, PLUS TWO SCIENCE STUDENT, ST. MARY'S HSS EDOOR, P.O. EDOOR, THALASSERY. 5. PRAJIL.S. PRADEEP, PLUS TWO SCIENCE STUDENT, ST. MARRY'S HSS EDOOR, P.O.EDOOR, THALASSERY. R1- R3 BY GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36787/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPEAL FEE RECEIPT DTD. 25.11.2009. P2:- COPY OF THE ORDER DTD. 28.11.2009 OF THE A.E.O. IRITTY. P3:- COPY OF THE REPORT ON 30.11.2009 ISSUED BY THE HEAD MISTRESS IRITTY HIGH SCHOOL. P4:- COPY OF THE RELEVANT PORTION OF THE MANUAL CHAPTER IV OF THE MANUAL. P5:- COPY OF THE INTERIM ORDER DTD. 30.11.2009 IN IA. 2425/2009 IN OS. 277/09 OF THE MUNSIFF COURT, KUTHUPARAMBA. TRUE COPY P.S.TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 36787 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of June, 2010. J U D G M E N T The petitioners in this writ petition are students who have participated in the District Level Science Fair in Higher Secondary Schools in the State of Kerala introduced by the Government from this academic year. As per the scheme of the competitions, competitions are conducted in school level, sub-district level, district level and state level. The First prize winners of school level are permitted to participate in the sub-district level. Winners of sub district level are qualified to participate in district level and so on. The petitioners are students who participated in the sub-district level competition. Since the declaration of results were not in accordance with Manual, the petitioners filed statutory appeal before the A.E.O in time. The same was rejected on 28-11-2009 without hearing and without considering the provisions contained in the Manual. Aggrieved by the said order, the petitioners approached the Munsiff's Court, Kuthuparamba by filing O.S. N. 277/2009. The Munsiff passed an interim order directing the 2nd respondent to permit the petitioners to participate in the district level competition. The petitioners participated in the district level competition. But, the results of the petitioners were not declared. The petitioners approached this Court at a time when the state level competitions were about to commence from 28-12-2009, seeking the following reliefs: “i) to issue a writ of mandamus or such other order or direction directing the 1st respondent to allow the petitioners to take part in the state level Science, Mathematics, Social Science, Work experience, fair to be held on 28-12-2009 to 01-01-2010 at Model Higher Secondary School Girls, Trichur. ii) to declare that the petitioners are competent and eligible to take part in the State Level Science, Mathematics, Social Science, Work experience, Competition in the item improvised experiments W.P.C. No. 36787/2009. -: 2 :- in Science fair.” 2. This Court, by interim order dated 23-12-2009, permitted the petitioners to participate in the state level competition provisionally. Pursuant to the same, the petitioners participated and they obtained A Grade. The petitioners' grievance now is that on the ground that the petitioners did not score higher marks than the regularly selected candidates, namely, respondents 4 and 5, they are not entitled to certificates as per a condition in the Manual wherein persons who have participated by virtue of orders of the Court would be entitled to get the benefit of the results of the competition only if they score more marks than the regularly selected candidates in the competition. According to the petitioners, the said action of respondents 1 to 3 is clearly discriminatory and illegal. They would submit that when the Court permitted them to participate in the competition that is because the Court was prima facie satisfied that they were legally so entitled to participate. The fact that they could not fair better than the regularly selected candidates on the particular day does not mean that they are disentitled to the results of the competition, is their contention. 3. I have considered the rival contentions in detail. 4. In view of the facts and circumstances of the case, I confirm the interim order and declare that the petitioners have validly participated in the competition. In view of that declaration, the participation of the petitioners in the state level competition would amount to legal participation like other regularly selected candidates. That being so, the petitioners cannot be discriminated on the ground that they appeared on the basis of a court order. The performance of candidates need not necessarily be consistent all along. On a particular day, they may fair better or below par than others. But W.P.C. No. 36787/2009. -: 3 :- they cannot be denied the benefit of the results they obtained on the ground that since they participated on the basis of the court order, they have to fair better than the other regularly selected participants. If that be so, the petitioners are entitled to keep the results they had obtained in the competition. Accordingly, this writ petition is disposed of directing respondents 1 to 3 to issue certificates to the petitioners in accordance with the rules of the competition and also to award grace marks, if they are entitled for the same in accordance with the scheme. Sd/- S. Siri Jagan, Judge. Tds/