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THE DIRECTOR OF PUBLIC INSTRUCTION AND v. P.MOHANAN, T.C.25/126, GIRIJA BHAVAN - WP(C) No. 26943 of 2004(G)  RD-KL 13730 (20 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 26943 of 2004(G)
1. THE DIRECTOR OF PUBLIC INSTRUCTION AND
2. THE STATE OF KERALA,R EP. BY THE CHIEF
1. P.MOHANAN, T.C.25/126, GIRIJA BHAVAN,
2. THE KERALA LOK AYUKTHA, REP. BY ITS
For Petitioner :STATE ATTORNEY
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E RKURIAN JOSEPH J. W.P.(C) No.26943 of 2004 Dated 20th July, 2007.
J U D G M E N T
Challenge is on Ext.P7 order passed by the second respondent, whereby a positive direction was issued to refund revaluation fee to the first respondent. The first respondent sought for refund of the revaluation fee since he obtained marks above 10% on revaluation. One of the apprehensions of the writ petitioners is that large number of applicants would raise such an issue. The main contention of the learned Government Pleader is that the Government order enabling refund does not have retrospective operation. I am afraid, the contention cannot be appreciated. As rightly held by the second respondent, there cannot be discrimination in the case of the applicants who secured marks above 10% on revaluation before 11.2.2000 and those candidates who submitted applications after 11.2.2000. Therefore, it is not necessary for this Court to exercise its discretionary jurisdiction under Article 226 of the Constitution of India, to go into the various aspects of the jurisdiction of the second respondent, since the first respondent is otherwise WP NO.26943/04 2 entitled to succeed. The writ petition is hence dismissed.
KURIAN JOSEPH, JUDGE.tgs
KURIAN JOSEPH, J.O.P. NO. OF 200
J U D G M E N T
Dated 20th July, 2007.
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