The main legal point established in the judgment is that the principle of equality enshrined in Article 14 of the Constitution of India must guide every state action, and any decision that is irrational, arbitrary, or discriminatory is liable to be quashed for violating constitutional rights.

Miss. Amrita Priya is a deaf and dump girl. She was a student of the Government Girls' High School, Madayi in Kannur District. She has registered for the S.S.L.C. Examination in March, 1999 and expressed her desire to get exemption from 2nd and 3rd languages in the said examination on the plea that she is a deaf and dumb girl. She had earlier appeared for the S.S.L.C. Examination in March 1997 as well as in March, 1998. She did not claim exemption from writing the second and third languages and consequently the same was not granted. She then approached this Court and filed O.P. No. 1338 of 1999 which was disposed of by this Court permitting her to exercise option or express desire not to study second and third languages and directed the Government to consider the said request in accordance with law.

2. Petitioner has now written the S.S.L.C. Examination conducted in March 1999 and expressed her desire for exemption from writing second and third languages. She was informed that the said benefit would be available only to deaf candidates and not the candidate who is deaf and dump. Petitioner has therefore approached this Court seeking a declaration that the exemption for writing the second and third languages should be extended to deaf and dump candidates also and not to deaf persons alone.

3. A statement has been filed on behalf of 2nd respondent. Government took up the stand that the benefit available on the basis of Ext. P1 G.O. dated 14-6-1983 and notification dated 23rd September, 1995 would be available only to deaf candidate and not to a deaf and dump candidate. I heard counsel for petitioner Sri. Kaleeswaram Raj as well as learned Government Pleader Sri M.S. Radhakrishnan Nair.

4. The difficulties experienced by deaf children in learning three languages at the secondary stage came to the notice of the Government of India and it was felt as a result, only a very small percentage of deaf children are successful at the secondary examination. Government of India therefore vide letter dated 20-9-1979 directed the State Government to examine the question with a view to adopt one language policy so far as the deaf children are concerned.

5. Thereafter Government called for the remarks of the Universities in the State on the issue with particular reference to the desirability or otherwise of admitting the handicapped pupil qualifying in S.S.L.C. as above to the various courses of study in the Universities. The University of Cochin did not offer any remarks since the University does not offer any course for which the minimum requirement for admission in S.S.L.C. However, the University of Calicut expressed their opinion that the proposal to admit students in that category is not acceptable for them. The University of Kerala also informed that the University does not find it academically sound to recommend exemption to the deaf and dumb pupils to take University examination in language at the University level.

6. The Director of Public Instruction however, proposed that the deaf students may be required to learn compulsorily only the first language (mother tongue/regional language) exempting them from the study of second language (English) and third language (Hindi). He recommended that if any deaf student wants to learn other languages he may be allowed to do so by exercising option. In the light of the above mentioned recommendations Government further examined the matter in detail and ordered that the deaf students are exempted from the study of second and third language, but they have the option to study all the languages if they want so or only the mother-tongue.

7. It is seen in tune with the above Government order, notification was issued in the year 1995 for the S.S.L.C. Examination. Similar notification was issued in 1996 as well. Clause VI of the notification deals with concessions to the blind, deaf and dump and orthopaedically handicapped candidates which is extracted below :

(a) Blind candidates will be exempted fro