IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 16177 of 2009(N) -------------------------------------- PETITIONER(S): ------------------------ 1. DIMPLE HARI, ARUKAKKAI HOUSE, AREEKARA, VOLIYANNOOR P.O., KOTTAYAM. 2. BINU ANNA STEPHEN, PANAMTHATHU HOUSE, UZHAVOOR EAST P.O., KOTTAYAM-686 634, REP. BY FATHER P.A.STEPHEN. 3. ANUSHA JOY, KANYAMPARAMBIL, UZHAVOOR P.O., KOTTAYAM-686 634, REP. BY FATHER JOY THOMAS. 4. SURYA BABU, VELLARIMATTATHIL, UZHAVOOR P.O., KOTTAYAM-686 634, REP. BY FATHER BABU. 5. PONNY ROSE BABY, THERUVAPPUZHA HOSUE, VALAVOOR P.O., PALA, KOTTAYAM-686 635. 6. AMRUTHA SHAJI, ANASSERIL HOUSE, KURICHITHANAM P.O., KOTTAYAM-686 634, REP. BY FATHER SHAJI A.T. 7. JOSMY JOY, PALATHINADIYIL, PADAMUGHAM P.O., IDUKKI-685 604, REP. BY GUARDIAN STEPHEN MATHEW. 8. ANU JOHNY, POTHAPARAYIL, GOOD NOWS NAGAR, KUDAKKACHIRA P.O., KOTTAYAM-686 635, REP. BY FATHER JOHNY THOMAS. 9. SANU SUNNY, CHAKKALAKEL, MONIPPALLY P.O., KOTTAYAM-686 636, REP. BY FATHER C.A.SUNNY. W.P.(C) NO.16177/2009 10. JISMY P.JOSE, PAZHAYAPURAYIL, PIOUS MOUNT P.O., KOTTAYAM-686 636. 11. JEETHU MARIYA JOSE, MELEPARAMBIL HOUSE, THATTARATHATTA P.O., KARIMKUNNAM, IDUKKI-685 586, REP. BY FATHER M.U.JOSE. 12. RINI TOM, PATHIYANKAL HOUSE, VALAVOOR P.O., VALAVOOR, KOTTAYAM DISTRICT, PIN-686 635. 13. DIVYA RAJEEVAN KAKKUZHIYIL, KARAMALA, PIN-686 632, REP. BY FATHER RAJEEVAN. BY ADV. MR.K.G.ANIL BABU RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF HIGH SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE KERALA SPORTS COUNCIL, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.DILEEP MOHAN R3 BY ADV. MR.PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16177/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NERIT CERTIFICATE AWARDED TO THE IST PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.0.8. P2:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 2ND PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P3:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 3RD PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P4:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 4TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P5:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 5TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.0.8. P6:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 6TH PETITIOENR BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P7:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 7TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P8:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 8TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P9:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 9TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P10:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 10TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P11:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 11TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P12:- COPY OF THE MERIT CERTIFICATE AWARDED TO THE 12TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P13:- COPY OF THE MERIT CERTIFICAT AWARDED TO THE 13TH PETITIONER BY THE KERALA STATE WRESTLING ASSOCIATION DTD. 27.7.08. P14:- COPY OF THE CIRCULAR DTD. 2.2.009 ISSUED BY THE IST RESPONDENT. P15:- COPY OF THE LETTER DTD.21.2.09 WITH LIST OF STUDENTS ENTITLED FOR THE BONUS MARKS AND THE RESPECTIVE PERCENTAGE. P16:- COPY OF THE LETTER DTD. 18.5.09 OF THE PRINCIPAL ALONGWITH THE CHELLAN FOR RS. 1700/-. W.P.(C) NO. 16177/2009 P17:- COPY OF THE PLUS TWO MARK LIST OF THE IST PETITIONER. P18:- COPY OF THE PLUS TWO MARK LIST OF THE 2ND PETITIONER. P19:- COPY OF THE PLUS TWO MARK LIST OF THE 3RD PETITIONER. P20:- COPY OF THE PLUS TWO MARK LIST OF THE 4TH PETITIONER. P21:- COPY OF THE PLUS TWO MARK LIST OF THE 5TH PETITIONER. P22:- COPY OF THE PLUS TWO MARK LIST OF THE 6TH PETITIONER. P23:- COPY OF THE PLUS TWO MARK LIST OF THE 7TH PETITIONER. P24:- COPY OF THE PLUS TWO MARK LIST OF THE 8TH PETITIONER. P24:- COPY OF THE PLUS TWO MARK LIST OF THE 9TH PETITIONER. P26:- COPY OF THE PLUS TWO MARK LIST OF THE 10TH PETITIONER. P27:- COPY OF THE PLUS TWO MARK LIST OF THE 11TH PETITIONER. P28:- COPY OF THE PLUS TWO MARK LIST OF THE 12TH PETITIONER. P29:- COPY OF THE PLUS TWO MARK LIST OF THE 13TH PETITIONER. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE GOVERNMENT ORDER DT. 22.7.87. R2(b):- COPY OF THE MINUTES OF THE MEETING DTD. 29.6.2000. R2(c):- COPY OF THE REMARKS OBTAINED FROM THE KERALA SPORTS COUNCIL DTD. 13.7.09. R3(a):- COPY OF THE LETTER DTD. 30.8.08 OF THE SECRETARY OF THE KERALA STATE SPORTS COUNCIL, TO SRI.JOSHY PALLAN, HONORARY SECRETARY, KERALA STATE WRESTLING ASSOCIATION, VYTTILA, KOCHI. R3(b):- COPY OF THE LETTER DTD. 30.8.08 OF THE SECRETARY OF THE KERALA STATE SPORTS COUNCIL, SRI.V.N.PRASOOD, HONORARY SECRETARY, KERALA STATE WRESTLING ASSOCIATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. R3(c):- COPY OF THE LETTER DTD. 24.7.2009. TRUE COPY P.A. TO JUDGE tss T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.16177 of 2009 -------------------------- Dated this the 18th November,2009 J U D G M E N T Petitioners herein who have passed Plus Two courses in 2009 could not get the benefit of grace marks in the light of the fact that there are two Wrestling Association in the State and the application was pending for recognition by the Kerala State Wrestling Association of which Sri.G.Varghese is the President . 2. This Court had passed a detailed interim order on 7.10.2009, wherein, the Kerala Sports Council was directed to reconsider the matter and forward appropriate recommendations to the Director of Public Instruction as regards the question whether petitioners' could be given grace marks since the Association was later recognised by the Kerala Sports Council. Subsequently, the Kerala Sports Council has forwarded their recommendations to the Director of Public Instruction. 3. Learned Government Pleader, on instructions, submitted that the petitioners could be considered for grant of grace marks. W.P ( C) No.16177 of 2009 2 Therefore, the 2nd respondent will forward their recommendations to the 1st respondent within a period of two weeks from the date of receipt of a copy of this judgment and the 1st respondent will take appropriate action to finalise the same within a further period of one month from the date of its receipt. Depending upon the outcome of the same, the mark lists will be revised and fresh mark lists will be issued to the petitioners. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.16177 of 2009 3 W.P ( C) No.16177 of 2009 4