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1960 Supreme(Ker) 56

MOHAMMED AHMED ANSARI, T.C.RAGHAVAN
Kesavan Bhaskaran – Appellant
Versus
State of Kerala – Respondent


Advocates:
K. Velayudhan Nair, V.S. Moothathu and K.J. Joseph, for Appellant; Government Pleader, for Respondent.

Judgement

ANSARI, J. :- This appeal suit arises from the order of this Court, which has been passed on February 19, 1960, and thereby a petition invoking powers under Art. 226 of the Constitution was dismissed. The ground of dismissal is that the matter is essentially within the discretion of the authority competent to grant the exemption, and the exercise of the discretion cannot be interfered with by the Court in the exercise of its extraordinary powers under Article 226. The facts of the petition are that the mother of Saigal had requested the Director of Public Instruction on October 8, 1959, for exemption under Rule 127E of the Travancore Education Code to be given to the son. The Rule provides as follows :-

"No English School Leaving Certificate will be granted to any person unless

(a) he has been a pupil on the rolls of Form VI of a recognised English High School during the whole of the school year in which he applies for a certificate;

(b) he has completed fifteen years of age on or before the first day of July of the year, in which he applies for the certificate;

Note :- It shall however be competent to the Director to grant exemption from this rule in deserving cases in favour

















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