IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 15951 of 2009(L) -------------------------------------- PETITIONERS: --------------------- 1. RENJITH S.R. REJANI BHAVAN, KARINGANNUR POST, PIN-691516. 2. VISHNU M.G.DEEPAM, ALUMMOODU P.O. KOLLAM, PIN-691 577. BY ADV. MR.P.C.SASIDHARAN. RESPONDENTS: ------------------------ 1. THE SERETARY, BOARD OF PUBLIC EXAMINATIONS (KERALA) OFFICE OF THE COMMISSIONER FOR GOVT.EXAMINATIONS, TRIVANDRUM – 695 012 (PAREEKSHA BHAVAN) 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, TRIVANDRUM. 3. THE HEADMASTER, GOVERNMENT BOYS HIGH SCHOOL, KOTTARAKKARA. R1 TO R3 BY GOVERNMENT PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, ALONG WITH W.P.(C). NO. 16215 OF 2009 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. --------------------------------------------------------------------- W.P.(C) Nos.15951, 16215, 16531 & 16593 of 2009 --------------------------------------------------------------------- Dated 14th October, 2009 Judgment Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioners have passed the S.S.L.C. examination and Kovith examination in Sanskrit conducted by the Bharathiya Vidhya Bhavan, Mumbai. One among the qualifications prescribed for appointment as U.P.S.A. in Sanskrit, in Chapter XXXI of Kerala Education Rules is a pass in Sanskrit Teachers' Examination conducted by the Commissioner for Government Examinations, Kerala. Formerly, the candidates like the petitioners were eligible to appear for the Sanskrit Teachers' Examination conducted by the Commissioner for Government Examinations, Kerala. The last of the notifications, which enabled persons like the petitioners to appear for the Sanskrit Teachers' Examination was Ext.P1 notification dated 5.5.2008. The petitioners appeared for the W.P.(C) No.15951/2009 & connection 2 said examination, but they failed to secure a pass. Later, after the said examination was held, Government sent Ext.P4 letter to the Director of Public Instruction and to the Commissioner for Government Examinations, Kerala clarifying that persons who have passed the S.S.L.C. Examination with Kovith are not eligible to appear for the Sanskrit Teachers' Examination. These writ petitions were thereupon filed challenging Ext.P4 and seeking a direction to the respondents to give the petitioners another chance to appear for the Sanskrit Teachers' Examination. 3. When this writ petition came up for hearing today, Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents submitted that the Government have in letter No.29789/G1/09/G.Edn. dated 27.8.2009 sent by the Secretary to Government, General Education Department to the Commissioner for Government Examinations informed him that the Government have decided to give persons like the petitioners one more opportunity to appear for and pass the Sanskrit Teachers' Examination conducted by the Commissioner for Government Examinations, Kerala. In the W.P.(C) No.15951/2009 & connection 3 said letter, the Secretary in the office of the Commissioner for Government Examinations, Kerala has been directed to give wide publicity to the said stand of the Government. 4. In my opinion, in the light of the changed stand of the Government reflected in the letter dated 27.8.2009, the petitioners cannot have any subsisting grievance. I accordingly dispose of these writ petitions with a direction to the respondents to permit the petitioners also to appear for the Sanskrit Teachers' Examination conducted by the Commissioner for Government Examinations, Kerala in the next available opportunity namely, either in the regular examination that will be held in May/June, 2010 or, if the Government are willing, in a supplementary examination in which the petitioners and others similarly placed should be given adequate opportunity to participate. It will be open to the petitioners and others similarly placed to move the Government requesting the Government to hold the examination before May/June, 2009 in the case of candidates possessing a pass in the S.S.L.C. Examination with Kovith, who were not able to appear in the examination held on 5.6.2009 W.P.(C) No.15951/2009 & connection 4 on account of Ext.P4. It is clarified that if any one among these petitioners have appeared for the Sanskrit Teachers' Examination, 2009, in view of the stand now taken by the Government their appearance in the examination shall be treated as regular and their result declared. If any one among the petitioners who thus appeared fail in the examination, the Government shall necessarily afford them also an opportunity to appear along with others in the next examination in view of the stand taken by the Government in the letter dated 27.8.2009. P.N.RAVINDRAN Judge vaa