Kerala High Court
Greeshma A.G vs State Of Kerala on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.2262 OF 2021(G)
PETITIONERS:
1 GREESHMA A.G.
AGED 17 YEARS
D/O GURUVAYOORAPPAN AND PRIYA K, LAKSHMI NIVAS,
ANAMARI POST, KOLLENGODE VIA, CHITTUR TALUK, PALAKKAD
DISTRICT.
REPRESENTED BY THE NATURAL GUARDIAN AND MOTHER
PRIYA K , W/O GURUVAYORAPPAN, LAKSHMI NIVAS, ANAMARI
POST, KOLENGODE VIA, CHITTUR TALUK, PALAKKAD
DISTRICT-678506.
2 SRUTHI SURESH
AGED 17 YEARS
D/O SURESH AND SUNITHA, THOTTIYATHARA, MUTHALAMADA
POST, CHITTUR TALUK, PALAKKAD DISTRICT, REPRESENTED
BY THE NATURAL GUARDIAN AND MOTHER
SUNITHA K, W/O SURESH, THOTTIYATHARA, MUTHALAMADA
POST, CHITTUR TALUK, PALAKKAD DISTRICT,-678507.
3 AMEHA M
AGED 16 YEARS
D/O MOHANAN AND RAJANI R, KUMIZHIPPADAM, VADAVANNUR
POST, CHITTUR TALUK, PALAKKAD DISTRICT,
REPRESENTED BY THE NATURAL GUARDIAN AND MOTNER
RAJANI R,
W/O MOHANAN,
KUMIZHIPPADAM, VADAVANNUR POST, CHITTUR TALUK,
PALAKKAD DISTRICT,-678504.
4 GIRIN A G
AGED 16 YEARS
S/O GURUVAYOORAPPAN AND PRIYA K, LAKSHMI NIVAS,
ANAMARI POST, KOLLENGODE VIA, CHITTUR TALUK, PALAKKAD
DISTRICT,
REPRESENTED BY THE NATURAL GUARDIAN, AND MOTHER,
PRIYA K,
W/O GURUVAYOORAPPAN,
LAKSHMI NIVAS, ANAMARI POST, KOLLENGODE VIA, CHITTUR
TALUK, PALAKKAD DISTRICT-678506.
BY ADVS.
SRI.SAJAN VARGHEESE K.
WP(C).No.2262 OF 2021(G)
2
SRI.LIJU. M.P
SRI.JOPHY POTHEN KANDANKARY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE STATE CHIEF COMMISSIONER OF BHARAT SCOUTS
AND GUIDES (DIRECTOR OF GENERAL EDUCATION),
JAGATHY, POOJAPPURA, THIRUVANANTHAPURAM-14.
3 THE STATE ORGANISER AND COMMISSIONER
THE KERALA STATE BHARAT SCOUTS AND GUIDES, STATE
HEADQUARTERS,
VIKAS BHAVAN POST, THIRUVANANTHAPURAM-695033.
4 THE DISTRICT ORGANISER AND COMMISSIONER
THE KERALA STATE BHARAT SCOUTS AND GUIDES, DISTRICT
HEADQUARTERS, JAMBOORI BHAVAN, NEAR DISTRICT
PANCHAYAT OFFICE, PALAKKAD-01.
R1-2 BY SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2262 OF 2021(G)
3
JUDGMENT
Dated this the 1st day of March 2021
The petitioners are Higher Secondary School
students. Their complaint is that Rajya Puraskar test
is not being conducted this year for the students
studying in 11th and 12th standards. It is stated
that the petitioners 1 to 3 are members of Kasthurba
Open Guide Group at Kollengode and petitioner No.4 is
a member of Gandhiji Open Scout Group at Kollengode.
Relying on the provisions contained in Chapter II of
the Rules and Organisation of Scout Group, the
petitioners claimed that they are entitled to appear
in the Rajya Puraskar test which was being conducted
every year for the students studying in 10th as well
as those studying in 11th and 12th standards. It is
stated that there is a unit of scout/guide; the
students attached to these units who are in the age
group of 10 and 17 are entitled to appear in the
Rajya Puraskar test irrespective of the nature of the
units. It is also their contention that they are
eligible to continue in the Scout/Guide group till
they attain the age of 18 years provided they
continue their studies. It is also stated that those
WP(C).No.2262 OF 2021(G)
who pass the Rajya Puraskar test are entitled to
grace marks. Pointing out Ext.P5, it is stated that
the respondents have decided to conduct the Rajya
Puraskar test for the 10th standard students
irrespective of the fact that they belong to open
group or otherwise. The petitioners claim that the
respondents have to conduct the test for the 11 th and
12th standard students also, as was being done all
these years and there is no justifiable reason for
any discrimination in the case of the students
studying in 11th and 12th standards by not conducting
the test and in taking away their entitlement for
grace marks on passing the examination.
2. The 2nd respondent has filed a statement.
It is stated that on account of Covid-19 pandemic,
the respondents have notified rajya puraskar
examination for the 10th standard students only and
the same was conducted from June 2020 to February,
2021. It is stated that those who pass the test
conducted between June to February, 2021 would be
eligible for grace marks for their board
examinations. It is stated that the 11th and 12th
standard students are not given the benefit of grace
marks even if they appear in Rajya Puraskar
examination. It is further stated that those who
WP(C).No.2262 OF 2021(G)
applied for Rajya Puraskar Badge should have
completed 30 months' experience in an approved unit
of Scouts and Guides and therefore a child who is
joining Scouts or Guides at 10 years of age is
eligible to claim Rajya Puraskar Badge after getting
experience of 12½ years and in order to apply for the
Rastrapathi Award, the child should get experience of
12 more months after getting the Rajya Puraskar
Badge. It is also stated that in order to appear for
the Rajya Puraskar examination, the child should have
joined the unit on or before 30.06.2018. It is also
stated that one who joins the Scouts/Guides can
continue till he/she attains the age of 18 years
except in the case of open unit students. The 2nd
respondent has stated that the petitioners who are
members of Kasthurba Guides Open Unit and Gandhiji
Open Scouts Unit got their warrant on 02.02.2019
only.
3. Heard the learned counsel for the
petitioner as well as the learned Government Pleader.
4. According to the learned counsel for the
petitioners, any child who joins Scouts/Guides can
continue till he /she attains the age of 18 years on
condition that they continue to be students i.e, up
to Plus 2. Relying on the provisions contained in
WP(C).No.2262 OF 2021(G)
Ext.P3 and the dates given in Ext.P2, the learned
counsel for the petitioners submits that the
respective groups have got registration in 2018
itself.
5. The relief sought in the writ petition is
for a direction to the respondents to conduct Rajya
Puraskar test for open group students. The
respondents have stated that they have decided not to
conduct Rajya Puraskar test this year due to Covid-19
pandemic and that the students like the petitioners
would not be eligible for grace marks even if they
appear in the said test. No provision is pointed out
which mandates the respondents to conduct the test
every year. However, as it is pointed out that the
test is being conducted every year for the scouts and
guides and the respondents have conducted the test
for 10th standard students, it is only appropriate
that the 2nd respondent considers the claim of the
petitioners for conducting the test.
6. As pointed out by the learned counsel for
the petitioners, it is seen that even after
completing more than two years of their joining
scouts and guides i.e, from June, 2018 onwards, the
petitioners were unable to get even a badge. All of
them have joined and continued in the scouts and
WP(C).No.2262 OF 2021(G)
guides under the legitimate expectation that they
would be able to appear in the Rajya Puraskar test.
7. Therefore, there shall be a direction to
the competent among the respondents 2 and 3 to
consider the claim of the petitioners and to take a
decision at the earliest opportunity, within a period
of one month, as to whether it would be possible to
conduct examination after the Plus 2 examinations are
over and before the results are announced.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.2262 OF 2021(G)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF
THE GROUP RECORD BOOK OF KASTHURBA
OPEN GUIDE GROUP AT KOLLENGODE.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
THE GROUP RECORD BOOK OF GANDHIJI
OPEN SCOUT GROUP, KOLLENGODE.
EXHIBIT P3 TRUE COPY OF CLAUSE 1 OF CHAPTER II
OF THE AIMS, POLICY, RULES AND
ORGANISATION OF SCOUT WING.
EXHIBIT P4 TRUE COPY OF CLAUSE 1 OF CHAPTER II
OF THE AIMS, POLICY, RULES AND
ORGANISATION OF GUIDE WING.
EXHIBIT P5 TRUE COPY OF THE PUBLICATION MADE
BY THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
