IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 22806 of 2004(M) ------------------------------------- PETITIONERS: --------------------- 1. ANCY BOSE (MINOR), AGED 15 YEARS, REPRESENTED BY HER FATHER R.CHANDRA BOSE, SHALEM HOUSE, MOOLAKONAM, KOOVALASSERY P.O., THIRUVANANTHAPURAM DISTRICT. 2. ASWINI K.R. (MINOR), AGED 15 YEARS, REPRESENTED BY HER FATHER D.RAJKUMAR, SREESYLAM, PLAVILA, PERUMULLOOR, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT. 3. ARJUN CHANDRA B. (MINOR), AGED 15 YEARS, REPRESENTED BY FATHER A.BALACHANDRAN NAIR, INDRAPRASTHAM, ANCHUTHENGINMOODU, KATTAKAD P.O., THIRUVANANTHAPURAM DISTRICT. 4. ANOOP C.RAJ (MINOR), AGED 15 YEARS, REPRESENTED BY HIS FATHER CHRISTURAJAN J., C.A.VIHAR, MALAYAM P.O., THIRUVANANTHAPURAM DIST. 5. ARUN RAJ S.R. (MINOR) AGED 15 YEARS, REPRESENTED BY HIS FATHER RATNARAJ S., LILLY BHAVAN, PERINGOTTUKUZHI, PUTHENVEEDU, PALLICHAL, NEMOM, P.O., THIRUVANANTHAPURAM DIST. 6. AJITH RAJ S.R. (MINOR), AGED 15 YEARS, REPRESENTED BY HIS FATHER RATNARAJ S.,LILLY BHAVAN PERINGOTTUKUZHI PUTHEN VEEDU, PALLICHAL, NEMOM P.O THIRUVANANTHAPURAM DISTRICT. 7. ARUNJITH N., (MINOR), AGED 15 YEARS, REPRESENTED BY HIS FATHER NAGAPPAN ASSARI, AISWARIYA, KANDANKULANGARA, KANADALA P.O., KOOVALASSERY, THIRUVANANTHAPURAM DISTRICT. 8. ARUN BABU (MINOR), AGED 15 YEARS, REPRESENTED BY HIS MOTHER SMT.SUNITHAKUMARI D., SUNITHA BHAVAN, VAZHAKKADU, ETTIRYTHY, KATTAKADA P.O., THIRUVANANTHAPURAM DISTRICT WP(C) NO: 22806/2004 9. ANJOOKRISHNAN.J.R. (MINOR) 15 YEARS, REP. BY HIS FATHER S.RADHAKRISHNAN, HAYAKRISHNA, CHEENIVILA, KOOVALASSERY P.O. THIRUVANANTHAPURAM DISTRICT. 10. REVATHY P.S. (MINOR0 AGED 15 YEARS, REP. BY HER FATHER PUSHPANGADHAN.C. ROHINI, MANNAM VILAKOM, KUNNANADU, POOZHANDU P.O. THIRUVANANTHAPURAM DISTRICT. 11. ANU ALBERT(MINOR0 AGED 15 YEARS, REP. BY HER FATHER ALBERT, HAPPY VILLA, MUTHIYAVILA, MYLOTTUKUZHY, KATTAKKADA P.O. THIRUVANANTHAPURAM DISTRICT. 12. ANU JAYAKUMAR(MINOR) AGED 16 YEARS, REP. BY HER FATHER JAYAKUMAR, SREEMOOLAM, KULANKARAKONAM,MACHEL P.O. MALAYINKIL. THIRUVANANTHAPURAM. 13. B. VINEETH (MINOR) AGED 15 YEARS, REP. HIS FATHER T.P.BHUAVANENDRAN, MAKARADEEPAM, AMBALTHUKARA P.O. KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 14. SYAMA L.S.(MINOR), AGED 15 YEARS, REP. BY HER FATHER SEKHARAN NAIR, ROADARIKATHU VEEDU, ARUVIKKARA, KOOVALASSERY P.O. THIRUVANANTHAPURAM. 15. SHINUJA BAHSEER.N.(MINOR),AGED 16 YEARS REP. BY HER MOTHER NASEEMA BEEVI, SHINAS VILLA, THRIKKANGIRAPPURAM, ANCHAL P.O. KATTAKKADA, THIRUVANANTHAPURAM. 16. SAJANI U.S.(MINOR) AGED 15 YEARS, REP. BY HER MOTHER USHAKUMARI, REJINI BHAVAN, MUMOOLITHALAKKAL, KOOVALASSERY P.O. THIRUVANANTHAPURAM DISTRICT. 17. ANISHKUMAR L.S. (MINOR) AGED 15 YEARS, REP. BY HIS FATHER P.STEPHEN, KAMALA COTTAGE, THUDALI, DALMUGHOM .P.O.THIRUVANANTHAPURAM DIST. 18. INDU.A.(MINOR0 AGED 15 YEARS, REP. BY HER FATHER AYYAPPAN, SIVALAYAM, AYANTHICHIRA, KONNIYOOR, TANALAL P.O. THIRUVANANTHAPURAM DISTRICT. WP(C) NO: 22806/2004 19. ANOOP SUSEELAN (MINOR) AGED 15 YEARS, REP. BY HIS FATHER S.SUSEELAN, ANOOP BHAVAN, KARINGAL, KANDALA P.O. KOOVALASSERY, THIRUVANANTHAPURAM DISTRICT. 20. JITHU.K.(MINOR) AGED 15 YEARS, REP. BY HIS FATHER KARUNAKARAN, KARUNALAYAM, PUNNAVOOR, KOOVALASSERY P.O. THIRUVANANTHAPURAM DISTRICT. 21. ANCY MOHAN(MINOR0 AGED 15 YEARS, REP. BY HER FATHER SMT.LEELA.J. ALEX NIVAS, VHEENIVILA, KOOVALASSERY P.O. THIRUVANANTHAPURAM DISTRICT. 22. RAGAM.T.R.(MINOR) AGED 16 YEARS, REP. BY HER FATHER P.THANKESAN, THARUN NIVAS, KOOVALASSERY P.O. THIRUVANANTHAPURAM DISTRICT. 23. AKHIL A.V.(MINOR) AGED 15 YEARS, REPRESENTED BY HIS FATHER ASHOK K.G., ANANTHAVILAKATHU VIJAYASADANAM, NEYYATTINKARA P.O. THIRUVANANTHAPURAM DISTRICT. 24. ANJANA J.B.(MINOR) AGED 15 YEARS, REPRESENTED BY HER FATHER C.JAYACHANDRAN, ANIZHAM KOTTAPPURAM, KOLLODE P.O., MALAYINKAZHU, THIRUVANANTHAPURAM DISTRICT. 25. ANCY JOSEPH (MINOR) AGED 16 YEARS, REPRESENTED BY HER MOTHER ANNAMMA JOSEPH, ERUMATHADATHIL, KATTAKODE P.O., KATTAKADA, THIRUVANANTHAPURAM DISTRICT. 26. SWAROOP S.S. (MINOR) AND 15 YEARS, REPRESENTED BY HIS FATHER SURENDRAN, SUPRIYASADANAM, KOTTAMUGAL, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT. 27. ADARSH S.A.(MINOR) AGED 16 YEARS, REPRESENTED BY HIS FATHER SASEENDRAN NAIR K., MOOZHIKAL SWARAJ, MANDAPATHINKADAVU, POOZHANADU P.O., THIRUVANANTHAPURAM DISTRICT. 28. AJITH B.N. (MINOR) AGED 15 YEARS, VAZHAVILA PUTHEN VEEDU, PLAVOOR, KATTAKADA, THIRUVANANTHAPURAM DISTRICT. 29. AJITH. S.S. (MINOR) AGED 15 YEARS, REPRESENTED BY HIS FATHER SIVARAMAN C., ASWATHY VILASAM, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT. WP(C) NO: 22806/2004 30. S.H.SOMAPRASAD (MINOR) AGED 15 YEARS, REPRESENTED BY HIS FATHER SOMAN V., SOMAPRABHA MANDIRAM, KAITHAKONAM, KATTAKODU P.O. KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 31. SANGEETHA V.M. (MINOR) 15 YEARS, REPRESENTED BY HER MOTHER VASUNDHARA DEVI, PUTHU VEETU MURI PUTHANVEEDU, MYLAKKARA P.O., THIRUVANANTHAPURAM DISTRICT. 32. MIDHUN K.S.NAIR (MINOR) AGED 15 YEARS, REPRESENTED BY HIS FATHER SURENDRAN NAIR.K., LEKHA MANDIRAM, PANTHA P.O., THIRUVANANTHAPURAM. 33. SUNITHA V.SHANKAR,(MINOR) AGED 15 YEARS, DEVIVILASAM, NEEROTHUVILAKAM, OORUTTAMBALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.T.RAVIKUMAR SAIRA RAVIKUMAR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE SECRETARY TO COMMISSIONER OF EXAMINATIONS, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, KULATHUMMAL, THIRUVANANTHAPURAM. 5. FR.PHILIP, UZHANALLOR, MANAGER, ST.PHILIP'S NAGAR HIGH SCHOOL, NELLIKAD, RESIDING IN MISSION HOUSE, CHEMPARUTHI VILA NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 6. THE HEADMISTRESS, ST.PHILIP'S NAGAR HIGH SCHOOL, NELLIKAD, KATTAKADA, THIRUVANANTHAPURAM. WP(C) NO: 22806/2004 7. E.WILFRED, P.T.A.PRESIDENT, ST.PHILIP'S NAGAR HIGH SCHOOL, NELLIKAD, KATTAKADA, RESIDING AT BETHAL BHAVAN, MOLLAKONAM, KOOVALASSERI P.O., THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 22806/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE GO RT NO. 4908/2003/G.EDN DT. 29/11/2003 OF THE R1. EXT.P2. COPY OF THE CERTIFICATE ISSUED TO THE P1 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P3. COPY OF THE CERTIFICATE ISSUED TO THE P2 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P4. COPY OF THE CERTIFICATE ISSUED TO THE P3 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P5. COPY OF THE CERTIFICATE ISSUED TO THE P4 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P6. COPY OF THE CERTIFICATE ISSUED TO THE P5 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P7. COPY OF THE CERTIFICATE ISSUED TO THE P6 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P8. COPY OF THE CERTIFICATE ISSUED TO THE P7 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P9. COPY OF THE CERTIFICATE ISSUED TO THE P8 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P10. COPY OF THE CERTIFICATE ISSUED TO THE P9 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P11. COPY OF THE CERTIFICATE ISSUED TO THE P10 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P12. COPY OF THE CERTIFICATE ISSUED TO THE P11 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P13. COPY OF THE CERTIFICATE ISSUED TO THE P12 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P14. COPY OF THE CERTIFICATE ISSUED TO THE P13 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P15. COPY OF THE CERTIFICATE ISSUED TO THE P14 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P16. COPY OF THE CERTIFICATE ISSUED TO THE P15 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. WP(C) NO: 22806/2004 EXT.P17. COPY OF THE CERTIFICATE ISSUED TO THE P16 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P18. COPY OF THE CERTIFICATE ISSUED TO THE P17 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P19. COPY OF THE CERTIFICATE ISSUED TO THE P18 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P20. COPY OF THE CERTIFICATE ISSUED TO THE P19 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P21. COPY OF THE CERTIFICATE ISSUED TO THE P20 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P22. COPY OF THE CERTIFICATE ISSUED TO THE P21 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P23. COPY OF THE CERTIFICATE ISSUED TO THE P22 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P24. COPY OF THE CERTIFICATE ISSUED TO THE P23 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P25. COPY OF THE CERTIFICATE ISSUED TO THE P24 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P26. COPY OF THE CERTIFICATE ISSUED TO THE P25 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P27. COPY OF THE CERTIFICATE ISSUED TO THE P26 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P28. COPY OF THE CERTIFICATE ISSUED TO THE P27 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P29. COPY OF THE CERTIFICATE ISSUED TO THE P28 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P30. COPY OF THE CERTIFICATE ISSUED TO THE P29 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P31. COPY OF THE CERTIFICATE ISSUED TO THE P30 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P32. COPY OF THE CERTIFICATE ISSUED TO THE P31 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P33. COPY OF THE CERTIFICATE ISSUED TO THE P32 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. WP(C) NO: 22806/2004 EXT.P34. COPY OF THE CERTIFICATE ISSUED TO THE P33 BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P35. COPY OF THE REPRESENTATION DT. 25/3/2004 OF THE PARENTS OF THE PETITIONERS TO THE HON'BLE MINISTER FOR EDUCATION. EXT.P36. COPY OF THE CERTIFICATE ISSUED TO ARCHANA M.S BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P37. COPY OF THE CERTIFICATE ISSUED TO SOMYA RAJ P.R. BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA. EXT.P38. COPY OF THE NOTIFICATION ISSUED BY THE COMMISSIONER OF EXAMINATIONS NO. EX. C. G1. 1/12999/2002 DT. 1/08/2002. EXT.P39. COPY OF THE JUDGMENT DT. 6/4/04 IN WPC NO. 6040/04 OF THE HIGH COURT OF KERALA. EXT.P40. COPY OF THE CERTIFICATE OF THE AWARD OF RAJYA PURASKAR DT. 31/12/2002 ISSUED BY THE BHARATH SCOUTS AND GUIDES TO THE P1. EXT.P41. COPY OF THE CERTIFICATE DT. 8/3/04 ISSUED TO THE P1 BY THE STATE CHIEF COMMISSIONER AND DIRECTOR OF PUBLIC INSTRUCTION, KERALA. EXT.P42. COPY OF THE LETTER NO. C. GENERAL (1) 40804/03 DT. 5/12/2003 OF THE R3 TO THE R4. True copy tga KURIAN JOSEPH, J. -------------------------------------- W.P.(C). No. 22806 OF 2004 -------------------------------------- Dated this the 14th day of March, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to recognise the petitioners as equal in all respects to the regular students presented by Government/Aided Schools in the S.S.L.C Examination held in March 2004. It is submitted that the petitioners have moved the Government as per representation dated 25.05.2006. There will be a direction to the first respondent to look into the representation filed by the petitioners before the first respondent with notice to the first two petitioners as representatives of the rest of the petitioners and pass appropriate orders thereon in accordance with law within a period of four months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp