Disposed

Greeshma A.G. v. State of Kerala

Kerala HC1 Mar 2021WP(C)/2262/2021

Case brief

AI extract

What is this about?

In this writ petition, students from open Scout/Guide groups challenged the non-conduct of the Rajya Puraskar test for 11th and 12th standards. The Court directed the respondent authorities to consider the claim and decide within one month if the examination can be conducted after the Plus 2 exams.

What did the court decide?

Direction to the respondent authorities to consider the claim and decide within one month regarding the conduct of the Rajya Puraskar test for 11th and 12th standard open group students after Plus 2 r

Greeshma A.G. Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

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WP(C).No.2262 OF 2021(G)

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PETITIONERS:

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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.

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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.

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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.

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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.

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BY ADVS. SRI.SAJAN VARGHEESE K.

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WP(C).No.2262 OF 2021(G)

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SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE STATE CHIEF COMMISSIONER OF BHARAT SCOUTS AND GUIDES (DIRECTOR OF GENERAL EDUCATION), JAGATHY, POOJAPPURA, THIRUVANANTHAPURAM-14.

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3 THE STATE ORGANISER AND COMMISSIONER THE KERALA STATE BHARAT SCOUTS AND GUIDES, STATE HEADQUARTERS,

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VIKAS BHAVAN POST, THIRUVANANTHAPURAM-695033.

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4 THE DISTRICT ORGANISER AND COMMISSIONER THE KERALA STATE BHARAT SCOUTS AND GUIDES, DISTRICT HEADQUARTERS, JAMBOORI BHAVAN, NEAR DISTRICT PANCHAYAT OFFICE, PALAKKAD-01.

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R1-2 BY SMT.VINITHA.B, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2262 OF 2021(G)

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JUDGMENT

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Dated this the 1st day of March 2021

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The petitioners are Higher Secondary School

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students. Their complaint is that Rajya Puraskar test is not being conducted this year for the students studying in 11^th and 12^th 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 10^th as well as those studying in 11^th and 12^th 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

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WP(C).No.2262 OF 2021(G)

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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

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Puraskar test for the 10^th 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 12^th 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 11^th and 12^th standards by not conducting the test and in taking away their entitlement for grace marks on passing the examination.

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The 2^nd respondent has filed a statement.

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It is stated that on account of Covid-19 pandemic, the respondents have notified rajya puraskar examination for the 10^th 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 11^th and 12^th standard students are not given the benefit of grace

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marks even if they appear in Rajya Puraskar examination. It is further stated that those who

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WP(C).No.2262 OF 2021(G)

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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 2^nd 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.

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petitioner as well as the learned Government Pleader.

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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

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WP(C).No.2262 OF 2021(G)

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Ext.P3 and the dates given in Ext.P2, the learned

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counsel for the petitioners submits that the respective groups have got registration in 2018 itself.

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The relief sought in the writ petition is

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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 10^th standard students, it is only appropriate

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that the 2^nd respondent considers the claim of the petitioners for conducting the test.

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As pointed out by the learned counsel for

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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

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WP(C).No.2262 OF 2021(G)

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guides under the legitimate expectation that they

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would be able to appear in the Rajya Puraskar test.

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Therefore, there shall be a direction to

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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

WP(C).No.2262 OF 2021(G)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE GROUP RECORD BOOK OF KASTHURBA OPEN GUIDE GROUP AT KOLLENGODE.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE GROUP RECORD BOOK OF GANDHIJI OPEN SCOUT GROUP, KOLLENGODE.

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EXHIBIT P3 TRUE COPY OF CLAUSE 1 OF CHAPTER II OF THE AIMS, POLICY, RULES AND ORGANISATION OF SCOUT WING.

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EXHIBIT P4 TRUE COPY OF CLAUSE 1 OF CHAPTER II OF THE AIMS, POLICY, RULES AND ORGANISATION OF GUIDE WING.

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EXHIBIT P5 TRUE COPY OF THE PUBLICATION MADE BY THE 3RD RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Greeshma A.G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Greeshma A.G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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