Kerala High Court
M/S. Indian Red Cross Society vs The State Of Kerala on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
W.P.(C) NO. 16159 OF 2021(T)
PETITIONER:
M/S. INDIAN RED CROSS SOCIETY, STATE BRANCH, REPRESENTED BY ITS
GENERAL SECRETARY, G. PADMAKUMAR, AGED 56 GOPINATHAN NAIR, SOCIETY
HAVING OFFICE AT GENERAL HOSPITAL -INDIAN RED CROSS ROAD,
THIRUVANANTHAPURAM DISTRICT 695 001.
RESPONDENTS:
1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT 695 001.
2. THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, THIRUVANANTHAPURAM DISTRICT 695 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction commanding the respondents to either
provide bonus points as is being provided to the NCC, SPC and scouts and
guides cadets, to the Junior Red Cross cadets or otherwise not to provide
any bonus points to any cadets pending consideration of the above writ
petition in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.G.SREEKUMAR (CHELUR), Advocate for the petitioner and SRI. BEJOY
CHANDRAN, SENIOR GOVERNMENT PLEADER for R1 & R2, the court passed the
following:
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.16159 of 2021
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Dated this the 7th day of September, 2021
ORDER
I have heard Sri. G.Sreekumar Chelur, the learned counsel appearing
for the petitioner and Sri. Bejoy Chandran, the learned Senior Government
Pleader.
2. In view of the urgency portrayed by the petitioner, the prayer
for interim relief is taken up for consideration.
3. The Indian Red Cross Society, a statutory organisation
registered under the Indian Red Cross Society Act, 1920 has approached
this Court complaining that the Junior Red Cross Cadets are being
discriminated against by refusing grace marks/bonus points when such
incentives are granted to students, who are NCC Cadets/Student Police
Cadets/Scouts and Guides for admission to Higher Secondary course. The
petitioner contends that till the year 2020-2021, grace marks were provided
to all the Cadets. Junior Red Cross used to be provided with 10 marks,
Scouts and Guides used to be provided with 10% of the mark secured for
the SSLC examination (49 marks), Student Police Cadets were granted 5%
W.P.(C) No.16159 of 2021
of the SSLC marks (25 marks) and NCC Cadets were also provided with
grace marks to the extent of 5% and 10% respectively. However, a decision
was taken by the Government not to award grace marks during the current
academic year. However, students holding certificates of NCC with 75%
attendance, Student Police Cadet, Scouts and Guides (Recipient of
Rashtrapathi Puraskar/Rajya Puraskar), Knowledge of swimming etc are
being granted bonus points and thus they get priority for admission to
Higher Secondary courses.
4. The petitioner would refer to Ext.P1 annual report to highlight
the activities of the Junior Red Cross during the past year. It is contended
that it is a clear case of discrimination of equally placed persons. Cadets by
themselves are a class and within the said class, a distinction cannot be
drawn. It is contended that all the Cadets have to be provided marks in
equal proportion, the denial of the same to the Junior Red Cross alone is
discriminatory.
5. The petitioner seeks for an interim direction commanding the
respondents to either provide bonus points as is being provided to the NCC,
SPC and Scouts and Guides to the Junior Red Cross Cadets or otherwise not
to provide any bonus point to any Cadets. The alternative prayer cannot be
considered as the persons affected have not been arrayed as parties.
W.P.(C) No.16159 of 2021
6. As the admissions are slated to commence shortly, the learned
Government Pleader was directed to file a statement.
7. In the statement filed, it is stated that for the past several
decades and ever since the introduction of the Higher Secondary Course,
the students, who have participated in the NCC, Scouts and Guides with
Rajya Puraskar at the Secondary School level are being given bonus marks
for Higher Secondary course. The only prerequisite is 75% attendance in
the activities during an academic year. The process of awarding bonus
points to NCC/Scout and Guide Cadets was started from the introduction of
the Single Window Admission System onwards and the process of awarding
bonus points to Student Police Cadets was started from the introduction of
Student Police Cadets in schools. Two bonus points are granted to such
students. In addition, proficiency in swimming has also been added. Two
bonus points equivalent to two-grade value point is given to those students
for calculating their Weighted Grade Point Average in addition to the Grade
Values obtained by them in the examination. It is further stated that from
the introduction of Single Window Admission onwards Junior Red Cross
Cadets were considered only for tie breaking till now. In the current
academic year, Junior Red Cross Cadets are being considered for
tie-breaking even when all other club activities have been excluded. It is
W.P.(C) No.16159 of 2021
further stated that even in the University level admission process, only for
NCC and NSS that bonus points are awarded. It is further stated that it was
by Ext.R2(a) letter issued by the Principal Secretary that the award of grace
marks to students was withdrawn for this academic year. This was done
because there was no occasion for the students to physically present in
schools due to COVID-19 pandemic and the classes were all conducted
online. As there was no occasion for the student to lose their educational
hours and by taking a common standard, the Government has decided not
to award grace marks for the last academic year. The withdrawal of grace
marks was challenged before this Court in W.P.(C) No.13820/2021 but by
judgment dated 26.8.2021, a Division Bench of this Court took the view that
no interference is warranted in the policy decision of the Government. In
that view of the matter, the petitioner cannot contend that they are entitled
to the award of grace marks.
8. It is further stated that several other co-curricular activities like
Social Science Club, Forestry Club, Health Club etc. are being held at the
Secondary School level and they are comparable with that of the Red Cross.
If bonus points are granted to the Red Cross, the same advantage will have
to be granted to students who pursue other activities as well. It is stated
that participation in Red Cross is given due weightage in the present
W.P.(C) No.16159 of 2021
admission process as participation in such activities may enable a student to
gain an advantage when it comes to a tie-breaker. It is further stated that
the Government as per order dated 12.8.2021 has limited the maximum
bonus point a student can avail as 10 in order to maintain academic merit.
If the same is tinkered with it may adversely affect the merit-based
admission.
9. It is further stated that the inclusion of categories like NCC,
Scouts and Guides etc. for awarding bonus points is based on a policy
decision. It is contended that the Bharat Scouts and Guides and NCC are
other institutions connected with the educational system of the State and
they are recognised by the Statute. When it was decided to provide bonus
marks to such categories and others on the basis of a policy decision that
was being followed for the last several years, the petitioners cannot now
contend that Junior Red Cross Cadets are to be granted the same bonus
points. It is contended that at no point of time bonus points were granted to
the Junior Red Cross Cadets and hence they cannot be heard to contend
that the said grant was stopped abruptly.
10. I have considered the submissions.
11. The main contention of the petitioner is that the students of the
Junior Red Cross are being discriminated against by the Government while
W.P.(C) No.16159 of 2021
doing away with the idea of providing grace marks for all student cadets
including NCC, Scouts and Guides, Student Police Cadets and Junior Red
Cross have taken a decision to award bonus points to NCC, Scouts and
Guides and SPC but have left out the Junior Red Cross.
12. Chapter II Rule 5 of the KER refers to 'other institutions', which
reads as follows:
5. Other institutions- Other institutions connected with
the educational system of the State are:-
i) The Bharat Scouts and Guides.
ii) The N.C.C. (National Cadet Corps) and the A.C.C.
(Auxiliary Cadet Corps)
Thus, it cannot be disputed that the aforesaid 'other institutions' fall
into a different category.
13. Chapter VIII which deals with Organisation of instruction and
progress of pupils. Rule 10 in Chapter VIII deals with Extracurricular
activities.
" Extra-Curricular Activities.- Extra-Curricular activities should
form an integral part of education imparted in the school and the
Headmaster and all the teachers should devote a definite time to such
activities.
W.P.(C) No.16159 of 2021
The following are some of the extra-curricular activities which should
be organised in school:-
(i) Scouts and Guides activities - Details are contained in
the bye-laws and other publications of the Bharat Scouts and the Guides
Association, Kerala State;
(ii) The N.C.C and the A.C.C - The activities of the N.C.C are
governed by the National Cadet Corps Act, 1948, and the National Cadet
corps Rules issued by the Government of India;
(iii) First Aid, Junior Red Cross Work, St.John's Ambulance Work; and
(iv) Hiking, Rowing, Swimming, Tours and Excursions, Debates,
Dramas, Drawing and Painting, Gardening, Exhibitions and Melas, and
Publication of School Annuals.
(v) (a) To foster cordiality esprit-de-corps and high social
consciousness among the students there may be in every School, a school
parliament [in accordance with the scheme issued by the Director] which shall
be the common platform of all students and may encourage sports, cultural
and educational activities by organising games, tournaments, discussions,
symposia, sramadan etc.
(b) for the better and efficient functioning of the parliament the
teachers shall render all possible assistance and the Headmaster may be the
Patron of the same."
14. Thus, First Aid, Junior Red Cross Work, St. John's Ambulance
Work, Hiking etc. falls within the category of extracurricular activities.
15. Grace marks were being granted to students, who pursue
extracurricular activities till the last academic year. However, at the same
W.P.(C) No.16159 of 2021
time, bonus points were also being awarded to students who take part in
NCC, Bharat Scouts etc. even during this period. The Government took a
policy decision to withdraw the grant of grace marks. This was taking note
of the fact that during the academic year 2020-2021 there was no organized
extra-curricular activities due to COVID-19 pandemic. The classes were held
online and there was no occasion for the students to lose educational hours.
It appears that the stand of the Government is that no working hours were
lost by the students, which is the foundational criteria for awarding grace
marks, and therefore it would not be in the interest of all students to award
grace marks. This policy was challenged before this Court and a Division
Bench of this Court in W.P.(C) No. 13763/2021 and connected cases took
the view that the withdrawal of grace marks do not warrant any
interference.
16. The petitioner has no case that bonus points were being
awarded to them during the previous years as was being granted to N.C.C.
cadets and Bharat Scouts and Guides, which are other institutions as per the
KER. The said activities form a different category altogether. In that view of
the matter, prima facie, I am of the view that the contention of Sri.
Sreekumar Chelur that the Junior Red Cross Cadets are discriminated
against cannot be accepted. True. Student Police Cadets and students with A
W.P.(C) No.16159 of 2021
Grade for little Kites have also been included in the list of activities entitled
to bonus points. The State has taken a policy decision and it is not for this
Court to probe into the same on the basis of the available materials.
17. I find that participation in red cross activities is also given due
weightage in the admission process. In the case of a tie, the Junior Red
Cross Cadets get an advantage over another student who had secured the
same Weighted Grade Point Average. As rightly submitted by the learned
Government Pleader, if Junior Red Cross Cadets are granted bonus points,
the same benefit will have to be granted to children who pursue other
extra-curricular activities as well.
18. While dismissing the writ petition challenging the withdrawal of
grace marks, the Division Bench of this Court had observed as follows in
paragraph No. 25 of the judgment.
"25. Above all these aspects, the State Government have
decided to provide bonus marks to the specific class of students
while they are seeking admission to higher classes in the pattern
and formula discussed, and in that view of the matter also, it can
never be said that any manner of prejudice is caused to such
students, who were entitled to secure the benefits of the
Government Orders. Moreover, it is for the Government to decide
the manner in which the interests of such students are to be
protected and once their admissions to higher classes are taken
care of by awarding bonus marks no manner of illegality or
W.P.(C) No.16159 of 2021
arbitrariness can be imputed against the State especially due to the
fact that it is for the State to take stock of the situation prevailing
and act accordingly so as to avoid any arbitrariness among the
student community. This we say also bearing in mind the fact that
the State could achieve very high percentage of pass and high
marks when compared to the previous academic year and
therefore, if any further marks are awarded to a smaller group of
student community, it may seriously prejudice the other larger
student community, competing for higher studies on the basis of
marks alone. It is also worthwhile to note that the grace marks
were withdrawn only for the academic year 2020-2021."
19. I respectfully concur with the above observations. In that view
of the matter, I am of the considered opinion that the petitioner has not
made out a case for an interim order.
Post after two weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
ps/7/9/2021
07-09-2021 /True Copy/ Assistant Registrar
