IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 36542 of 2009(K) -------------------------- PETITIONER(S): ---------------------- ATHIRA JOY.M (MINOR, AGED 17 YEARS) MALIEKKAL HOUSE, MADATHUMPADY (P.O) THRISSUR DISTRICT, REPRESENTED BY HER FATHER,JOY BY ADVS. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVRERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE CONVENER, STATE HIGHER SECONDARY SCHOOL WORK EXPERIENCE FAIR 2009-2010, (ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM). 4. CHAIRMAN, APPEAL COMMITTEE, FIRST THRISSUR REVENUE DISTRICT WORK EXPERIENCE FAIR 2009-2010, (DEPUTY DIRECTOR OF EDUCATION, THRISSUR). 5. CONVENER, FIRST THRISSUR REVENUE DISTRICT WORK EXPERIENCE FAIR 2009-2010, (HEADMASTER, CHALAKKUDY GOVERNMENT GIRLS HIGH SCHOOL, CHALAKKUDY). GOVERNMENT PLEADER MR.DILIP MOHAN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 36542 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of certificate issued to the petitioner dated 25.11.2009. Ext.P2 :- Copy of certificate issued to the petitioner dated 11.12.2009. Ext.P3 :- Copy of appeal dated 10.12.2009. Ext.P4 :- Copy of the news items published Mathrubhoomi daily dated 11.12.2009. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.36542 of 2009 ----------------------------------- Dated this the 12th day of October 2010 J U D G M E N T Prayers in this writ petition are the following :- “i) Declare that one hour time fixed in the manual for Work Experience Fair 2009-2010 for filing appeal is unjust and arbitrary. ii) issue a Writ of Mandamus or any other appropriate writ, order or direction to the 5th respondent to receive Exhibit P3 appeal and consider the same forthwith without any further delay so as to enable the petitioner to participate in the state level competition scheduled to be held from 28.12.2009 to 1.1.2010 at Thrissur. iii) issue a Writ of Mandamus or any other appropriate writ, order or direction to the 3rd respondent to permit the petitioner to participate in state level competition scheduled to be held from28.12.2009 to 1.1.2010 at Thrissur provisionally.” By an interim order dated 17.12.2009, this Court directed W.P.(C) No.36542 of 2009 -: 2 :- the 5th respondent to receive Ext.P3 appeal and entertain the same. Subsequently another order dated 22.12.2009 was passed permitting the petitioner to participate in the state level competition held from 28.12.2009 to 1.1.2010. Therefore, the prayers in this writ petition have become infructuous. 2. However, the only surviving claim of the petitioner can be one for issuance of Grade Certificate. In so far as this issue is concerned, the learned Government Pleader submits that, on participation in the state level competition, the petitioner had secured average mark of 55.66. According to him, the other two participants from the same district secured 67 and 62 average marks respectively. The learned Government Pleader also submits that a person participating on the strength of an appellate order, will get grading only if he secures highest marks as per the provisions of the Work Experience Manual. If that be so, having regard to the fact that the petitioner had W.P.(C) No.36542 of 2009 -: 3 :- secured the lowest mark from among the participants from the District, he is not eligible for grade marks also. Therefore, the writ petition fails and is only to be dismissed. ANTONY DOMINIC, JUDGE. Jvt