High Court of KeralaWP(C)/13472/2015disposed of

Akshay V.K. v. The Director Of Public Instructions

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 13472 of 2015 (H) ---------------------------- PETITIONER(S) :- ------------------ AKSHAY V.K., AGED 17 YEARS S/O. SANTHOSH KUMAR V.K., XIITH STANDARD GOVERNMENT BOYS HIGHER SECONDARY SCHOOL (GBHSS) MANJERI REPRESENTED BY HIS FATHER AND GUARDIAN SANTHOSH KUMAR V.K., S/O. RAMA PANICKER, KALARIKKAL HOUSE, ARUKIZHAYA MANJERI, MALAPPURAM DISTRICT, PIN-676 121 BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT(S) :- ------------------

1. THE DIRECTOR OF PUBLIC INSTRUCTIONS DPI JUNCTION, THIRUVANANTHAPURAM - 695001.

2. THE DEPUTY DIRECTOR OF EDUCATON, MALAPPURAM - 676 505.

3. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

4. THE PRINCIPAL, GOVERNMENT BOYS HIGHER SECONDARY SCHOOL, MANJERI MALAPPURAM DISTRICT, PIN-676 121

5. THE DIRECTOR DEPARTMENT OF HIGHER SECONDARY EDUCAION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM 695001 BY GOVERNMENT PLEADER SRI.A.MOHAMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13472 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXHIBIT P1: TRUE COPY OF THE INTERIM ORDER IN IA NO.207 OF 2015 IN OS 35 OF 2015 OF THE MUNSIFF'S COURT, PARAPPANANGADI. EXHIBIT P2: TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 16.1.2015.

EXHIBIT P3: TRUE COPY OF THE IDENTIFICATION CERTIFICATE DATED 16.1.2015.

EXHIBIT P3(a): TRUE COPY OF THE PARTICIPANT CARD. EXHIBIT P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 23.3.2015.

EXHIBIT P5: TRUE COPY OF THE TRACKING DETAILS OF THE ARTICLES UNDER THE INDIA POST.

EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED 13.1.2015 IN WA NO.1843 OF 2014.

EXHIBIT P7: TRUE COPY OF THE RELEVANT PORTION OF THE MANUAL OF KERALA SCHOOL KALOLSAVAM.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.13472 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner, a Plus Two student participated in the 'Thabala' competition in the State Level Kerala School Kalolsavam 2014-'15 based on a court order. The petitioner secured 70% marks in the state level competition for the item, 'Thabala' and obtained 'A' Grade. According to the petitioner, as per the Manual of Kerala School Kalolsavam, a participant, who obtained more than 70% marks and has given 'A' Grade as well as five points, such participant is entitled for a Grace mark of 30. The petitioner submits that since he has taken part in the State Level competition based on the order passed by the court, the said benefit has been denied to the petitioner. The petitioner relies on the judgment of this Court in W.A.No.1843 of 2014.

If the petitioner is otherwise entitled for 'A' Grade and Grace marks for 'Thabala' competition in the State Level Kerala School Kalolsavam 2014-'15, for the mere reason that the petitioner has participated based on the court order could not deny such benefit to him.

W.P.(C) No.13472 of 2015 -: 2 :- 3.

In that view of the matter, there shall be a direction to the respondents to issue 'A' Grade Certificate and also to issue Grace marks of 30, if the petitioner is otherwise eligible as per the result of 'Thabala' competition in the State Level Kerala School Kalolsavam 2014-'15. Needful shall be done by the respondents without any further delay.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt