Kerala High Court
Reynold Prince. M (Minor) vs State Of Kerala on 3 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF JANUARY 2022/13TH POUSHA, 1943
WP(C) NO. 27502 OF 2021
PETITIONERS:
1 REYNOLD PRINCE M. (MINOR),
S/O MUTHU & BINDU M.,
NARANI, KUTTIPALLAM, CHITTUR POST,
CHITTUR TALUK, PALAKKAD DISTRICT.
REP. BY THE NATURAL GUARDIAN AND MOTHER
BINDU M., W/O MUTHU, NARANI,
KUTTIPALLAM, CHITTUR POST,
CHITTUR TALUK, PALAKKAD DISTRICT-678 101.
2 AKASH S. (MINOR),
S/O. SURESH & ANITHA M.,
VAZHUVAKODE HOUSE, PATTANCHERRY P.O.,
CHITTUR TALUK, PALAKKAD DISTRICT
REP. BY THE NATURAL GUARDIAN AND MOTHER
ANITHA M., W/O SURESH,
VAZHUVAKODE HOUSE, PATTANCHERRY P.O.,
CHITTUR TALUK, PALAKKAD DISTRICT-678 532.
3 ANEESH M (MINOR),
S/O MOHANAN AND PREMA N.,
1/917A, THOTTIYATHARA,
MUTHALAMADA POST, CHITTUR TALUK,
PALAKKAD DISTRICT.
REP. BY THE NATURAL GUARDIAN AND MOTHER,
PREMA N., W/O MOHANAN,
1/917A, THOTTIYATHARA,
MUTHALAMADA POST, CHITTUR TALUK,
PALAKKAD DISTRICT 678 507.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY
WP(C)No.27502/2021
2
RESPONDENTS:
1 STATE OF KERALA REP. BY
THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE STATE CHIEF COMMISSIONER OF
BHARAT SCOUTS AND GUIDES
(DIRECTOR OF GENERAL EDUCTION)
JAGATHY, POOJAPPURA,
THIRUVANANTHAPURAM-14.
3 THE STATE ORGANISING COMMISSIONER (SCOUTS)
THE KERALA STATE BHARAT SCOUTS AND GUIDES,
STATE HEAD QUARTERS, VIKAS BHAVAN POST,
THIRUVANANTHAPURAM-695 033.
4 THE ASSISTANT STATE ORGAISING
COMMISSIONER (SCOUTS)
THE KERALA STATE BHARAT SCOUTS AND GUIDES,
STATE HEADQUARTERS, VIKAS BHAVAN POST,
THIRUVANANTHAPURAM-695 033.
5 THE DISTRICT ORGANISING COMMISSIONER (SCOUTS)
THE KERALA STATE BHARAT SCOUTS AND GUIDES,
DISTRICT HEADQUARTERS, JAMBORI BHAVAN,
NEAR DISTRICT PANCHAYAT OFFICE, PALAKKAD-01.
BY GOVT. PLEADER SMT.PARVATHY KOTTOL
SRI.M.K.CHANDRAMOHAN DAS, SC, SCOUTS & GUIDES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.27502/2021
3
JUDGMENT
Dated this the 3rd day of January, 2022
The three petitioners who are students of 11 th
Standard, have approached this Court seeking to declare
that the petitioners are entitled and eligible to take part in
the test conducted for 'Rajya Puraskar' which may be held
between 27.12.2021 and 30.12.2021 or any other period.
2. The petitioners are members of a Scout Group
recognised by the respondents. They are studying in the
11th Standard. The petitioners state that they are entitled to
take part in the test conducted for 'Rajya Puraskar'. The
candidates similarly situated have been permitted to appear
in the Examination and were issuing hall tickets. The
petitioner would contend that for appearing in 'Rajya
Puraskar', the question as to in which Standard the
candidates are studying, is irrelevant. The petitioners are
WP(C)No.27502/2021
not permitted to appear in the Examination on the ground
that they are studying in 11th Standard.
3. The petitioners contend that the action of the
respondents in not permitting the petitioner to participate in
the 'Rajya Puraskar' Examination proposed to be conducted
in December, 2021, is arbitrary and violative of Article 14 of
the Constitution of India.
4. The learned Government Pleader appeared on
behalf of respondents 1 to 5 and defends the writ petition.
The respondents filed a Statement which reads as follows:
"2. It is submitted that as of now, it is
decided by the 2nd respondent that
examination need be conducted only for the
tenth standard students. This decision is
taken with a view to control crowding in the
backdrop of COVID-19 restrictions. Since the
10th standard students can avail grace marks
on the successful completion of the
examination, conducting the exam at the
appropriate time is necessary. This exam is
therefore decided to be conducted in the
month of December.
3. The 2nd respondent is proposing to
conduct the Rajyapuraskar exams-2022 for
the 8th and 9th standard students in the months
of March-April. Complainant, who is studying
WP(C)No.27502/2021
in the 11th standard shall also be permitted to
appear for the exam at that point in time. Hall
ticket will be provided before the exam."
The Statement further divulges that the petitioners will be
permitted to appear in the Rajya Puraskar Examination,
2022 which will be in the month of March-April, 2022 along
with 8th and 9th Standard students.
5. The learned counsel for the petitioner expressed
an apprehension that the period of warrant issued to the
Scoutmaster attached to the petitioners' unit, is to expire
during the interregnum and unless it is extended, the
petitioners may be put to difficulties in appearing in the
Examination.
6. Since the respondents have already undertaken
in the Statement dated 18.12.2021 that the petitioners who
are studying in the 11th Standard shall also be permitted to
appear in the Examination to be held in the months of
March-April, 2022, the apprehension of the petitioners is
WP(C)No.27502/2021
unfounded.
In the circumstances, the writ petition is disposed of
recording the Statement dated 18.12.2021 filed by the
Government Pleader.
Sd/-
N. NAGARESH
JUDGE
ncd/03.01.2022
WP(C)No.27502/2021
APPENDIX OF WP(C) 27502/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF CLAUSE 1 OF CHAPTER II
OF THE AIMS , POLICY RULES AND
ORGANISATION OF THE BHARAT SCOUTS AND
GUIDES, INDIA.
Exhibit P2 TRUE COPY OF THE CERTIFICATE
QUALIFYING TRITIYA SOPAN BADGE ISSUED
TO THE FIRST PETITIONER.
Exhibit P3 TRUE COPY OF THE CERTIFICATE
QUALIFYING TRITIYA SOPAN BADGE
OBTAINED BY THE 2ND PETITIONER.
Exhibit P4 TRUE COPY OF THE CERTIFICATE
QUALIFYING TRITIYA SOPAN BADGE
ACQUIRED BY THE 3RD PETITIONER.
Exhibit P5 TRUE COPY OF THE CERTIFICATE
QUALIFYING TRITIYA SOPAN BADGE ISSUED
TO SIBINKRISHNA B.
Exhibit P6 TRUE COPY OF THE CERTIFICATE
QUALIFYING TRITIYA SOPAN BADGE ISSUED
TO NAVEEN VIJAY M.
Exhibit P7 TRUE COPY OF THE CERTIFICATE
QUALIFYING TRITIYA SOPAN BADGE ISSUED
TO SYAMJITH S.
Exhibit P8 TRUE COPY OF THE REQUEST FOR RAJYA
PURASKAR TEST 2021-2022.
Exhibit P9 TRUE COPY OF THE HALL TICKET FOR
RAJYA PURASKAR TEST 2021-22 ISSUED TO
SIBINKRISHNA B.
Exhibit P10 TRUE COPY OF THE HALL TICKET FOR
RAJYA PURASKAR TEST 2021-22 ISSUED TO
NAVEEN VIJAY M.
Exhibit P11 TRUE COPY OF THE HALL TICKET FOR
RAJYA PURASKAR TEST 2021-22 ISSUED TO
SYAMJITH S.
Exhibit P12 TRUE COPY OF THE HALL TICKET FORM FOR
RAJYA PURASKAR TEST 2021-22SUBMITTED
BY THE PETITIONER NO.1.
WP(C)No.27502/2021
Exhibit P13 TRUE COPY OF THE HALL TICKET FORM FOR
RAJYA PURASKAR TEST 2021-22 SUBMITTED
BY THE PETITIONER NO.2.
Exhibit P14 TRUE COPY OF THE HALL TICKET FORM FOR
RAJYA PURASKAR TEST 2021-22 SUBMITTED
BY THE PETITIONER NO.3.
