NANDA MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The State and its officials are in appeal against the judgment dated 30.03.2017 passed by a learned single Judge of this Court in W.P.(C) No.2147 of 2017.

(2.) We have heard the learned Senior Government Pleader appearing for the appellant and the learned counsel for the respondent/writ petitioner, and with their consent, we are disposing of this appeal at this stage itself.

(3.) The facts not being in dispute are noted hereunder: The respondent wanted to contest in District Sastrotsavam 2016-2017 (District Level Science Competition). She did so, but secured 4th position. The scheme of the things are that the first two ranked persons from each district are then called for State level competition. Depending upon the merit as per the State level competition, they are awarded certificate, grade and grace marks for their matriculation examination. In order to get Grade 'A', a candidate has to score more than 70 marks. Similar are the provisions for grace marks and certificates. Ordinarily, the respondent was not eligible for the State level competition. But, she moved the Kerala Lok Ayukta. The Lok Ayukta permitted her to compete in the State level competition subject to the condition that in case, she does not come within the top three, she would forfeit her deposit of 20,000/-. In the State level competition, she secured 12th position. She secured 72% marks, but notwithstanding that, she was neither given grade nor granted recognition certificate in order to grant grace marks. This was because of clause (j) of Chapter I of Manual for The Kerala School Science, Mathematics and Social Science Work Training Programme, 2009 (Exhibit P7). Clause