IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN THURSDAY, THE9H DAY OF JANUARY201419TH POUSHA, 1935 WP(C).No. 13223 of 2007 (Y) ---------------------------- PETITIONER(S): ----------------------- 1. UNNIKRISHNAN.A., REP.BY NEXT FRIEND AND GUARDIAN, AJAYAKUMAR BHARGAVI BHAVAN, VADAKKUMTHALA P.O., KARUNAGAPALLY.
2. VISHNU.P.G., REP.BY NEXT FRIEND AND GUARDIAN, GOVINDA PILLAI, POURNAMI PADINJATTAKKARA, THEVALAKKARA, KOLLAM.
3. MUHAMMED NAZARUDEEN SAHIB.S., REP.BY NEXT FRIEND AND GUARDIAN, SHAMSUDEEN SAHIB.M. PUTHEN PURAYIL VARAVILA P.O., VIA. VAVAKKAVU, KOLLAM.
4. CHITHRA BHANU.S., REP.BY NEXT FRIEND AND GUARDIAN, S.K.SURENDA BABU KAVUNGAL VILAYIL VEEDU, CHANDANA THOPPE P.O. KOTTANKARA, KOLLAM.
5. SANOFAR.A., REP.BY NEXT FRIEND AND GUARDIAN, ALIYAR.M.KANJIRAM VILLA VEEDU CHANDANA THOPPE P.O., KERALAPURAM, KOLLAM.
6. SHAMEER.S., REP.BY NEXT FRIEND AND GUARDIAN, S.A.SALIM, SHANU COTTAGE TKMC.P.O.,ARICODE, KOLLAM.
7. NISTHAR HASSAN.A., REP. BY NEXT FRIEND AND GUARDIAN, AHAMMED KABEER SHIYA MANZIL, KARICODE P.O., KOLLAM.
8. MOHAMMED RAFI.M., REP.BY NEXT FRIEND AND GUARDIAN, MOHAMMED SALIM KILIKOLLOOR, KALLUMTHAZHAM P.O., KOLLAM.
9. SARATH SATHYAN, REP.BY NEXT FRIEND AND GUARDIAN, SATHYASEELAN.C. SRUTHI, TKMC. P.O., SECULAR NAGAR-29 KARIKODE, KOLLAM.
10. NOWFAL.J., REP.BY NEXT FRIEND AND GUARDIAN, JAMALUDEEN, NOWFAL MANZIL TKMC P.O., KARIKODE, KOLLAM.
11. RAHUL.S., REP.BY NEXT FRIEND AND GUARDIAN, K.SUDISKUMAR, POURNAMI ELAMON P.O., OONNINMOODU.
12. DIPIN.M.S., REP.BY NEXT FRIEND AND GUARDIAN, MURALIDHARAN PILLAI, VISHAVAM BHOOTHAKULAM P.O.
13. AROMAL.M.PILLAI, REP.BY NEXT FRIEND AND GUARDIAN, MOHANAN PILLAI KIZHAKKE BHAGHAM, KALAKKODE P.O. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): ------------------------- 1. THE NATIONAL COMMISSIONER BHARAT SCOUTS AND GUIDES, NATIONAL HEAD QUARTERS LAXMI MAZUMDAR BHAVAN, 16, MAHATMA GANDHI MARG INDRAPRASTHA ESTATE, NEW DELHI- 110 002.
2. STATE ORGANIZING COMMISSIONER (GUIDES), KERALA STATE BHARAT SCOUTS AND GUIDES STATE HEAD QUARTERS, POST VIKAS BHAVAN, TRIVANDRUM-33.
3. STATE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDES STATE HEAD QUARTERS, POST VIKAS BHAVAN, TRIVANDRUM-33.
4. THE DEPUTY DIRECTOR (GIRL PROGRAMME), BHARATH SCOUTS AND GUIDES, NATIONAL HEAD QUARTERS LAXMI MAZUMDAR BHAVAN, 16, MAHATMA GANDHI MARG NEW DELHI-110 002. R1-R4 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,SCOUTS&GUIDES R1-R4 BY ADV. SRI.D.SOMASUNDARAM, ADDL.CGSC R BY SRI.JOHN VARGHESE, ASSISTANT SG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0901-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bb WP(C).No. 13223 of 2007 (Y) ---------------------------- APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1:- TRUE COPY OF THE ORDER
S ISSUED BY THE4H RESPONDENT, EJECTING THE APPLICATIONS OF THE PETITIONERS. EXHIBIT P2:- TRUE COPY OF THE LIST OF SCOUTS APPLIED FOR RASTRAPATHI SCOUT EXAMINATION. RESPONDENT'S EXHIBITS NIL Bb //True Copy// PA to Judge S.Siri Jagan, J.
============================== W.P.(C)No.13223 of 2007 =============================== Dated this, the 09th day of January, 2014.
JUDGMENT
The petitioners are Scouts studying in the 10th standard, at various schools in Kollam District. According to them, they are qualified to appear for a National level Rashtrapati Rank examination. The application forms submitted by the petitioners for appearing in the examination were rejected by the respondents on the ground that "Rajya Puraskar was completed before the State level training camp". This happened because of a mistake in filling up the dates, in the application for the examination. According to the petitioners, the correction of those minor defects will not prejudice anybody and if the petitioners' applications are not considered, they will loose their last chance to appear for the Rashtrapati Rank Examination. Ext.P1 is the order rejecting the petitioners' applications. The petitioners seek the following reliefs: "i) To issue a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari quashing Ext.P1 order. ii) To issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents to permit the petitioner to attend the Rashtrapathy Rank Examination scheduled on 15.04.2007" W.P.(C)No.13223 of 2007 :
2. :
2. While admitting this writ petition, I passed the following Interim Order on 13.04.2007: "Notice by speed post. In these writ petitions, the petitioners - Scouts and Guides seek direction to the respondents to permit the petitioners to appear for the Rashtrapathy Rank Examination for Scouts and Guides to be held at Thiruvananthapuram from 16.04.2007 to 20.04.2007 and on 15.04.2007 respectively. The same has been denied on the ground that there were some mistakes in the applications submitted by the students, who are studying in schools. In the facts and circumstances of the case, I am inclined to pass an interim order to the following effect:- The petitioners in these writ petitions would be permitted to appear for the Rashtrapathy Rank Examination for Scouts and Guides scheduled to be held at Thiruvananthapuram from 16.04.2007 to 20.04.2007 and on 15.04.2007 respectively. I further direct that if the number of students, who are permitted to undergo the examination exceeds the number fixed by the respondents for one camp, the respondents shall permit the petitioners to undergo the examination in different batches. I make this order because the learned counsel for the petitioners points out that in earlier orders when the number of Scouts and Guides exceeded the number fixed by the respondents for one camp, the respondents had in fact conducted the examination in different batches." In view of the said order, I am of opinion that the writ petition itself can be disposed of in terms of the interim order, especially when no counter affidavit has been filed by the respondents. Accordingly, the writ petition is disposed of in terms of the interim order. Sd/- S. Siri Jagan, Judge. Bb [True copy] P.A to Judge