IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 35381 of 2007(K) -------------------------------------- PETITIONER(S): ---------------------- 1. NIDISHA DHANJAYAN, AGED 15 YEARS, D/O.K.DHANAJAYAN, XTH STANDARD, ST.TERESAS ANGLO INDIAN HSS, KANNUR, KANNUR DIST., REPRESENTED BY HER FATHER K.DHANAJAYAN, USHAS, EDACHERY, PALLIKKUNNU P.O., KANNUR-4. 2. MEGHA.T.V., AGED 14 YEARS, D/O.MOHANAN.T.V., IXTH STANDARD, ST.TERESAS ANGLO INDIAN HSS, KANNUR, KANNUR DIST., REPRESENTED BY HER FATHER MOHANAN.T.V., ASHUS, PARAKKADAVU, ANCHAMPEDIKA, KANNUR-670 331. 3. CHAITHANYASREE.G., AGED 15 YEARS, D/O.G.SUDHARAMA, XTH STANDARD, ST.TERESAS ANGLO INDIAN HSS, KANNUR, KANNUR DIST., REPRESENTED BY HER MOTHER G.SUDHARAMA, SREECHAITHANYAM, P.O.NARATH, KANNUR. BY ADV. SMT.S.K.DEVI MR.SANTHOSH P.ABRAHAM RESPONDENT(S): ------------------------- 1. THE KERALA STATE BHARAT SCOUTS AND GUIDES, STATE HEAD QUARTERS, THIRUVANANTHAPURAM 695 033, REPRESENTED BY ITS HON.STATE SECRETARY. 2. DIRECTOR OF PUBLIC INSTRUCTION, DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. HEADMISTRESS, ST.TERESAS ANGLO INDIAN HSS, KANNUR-670 013, KANNUR DISTRICT. R2 & R3 BY GOVERNMENT PLEADER MR.V. TEKCHAND R1 BY ADV. MR.M.K.CHANDRAMOHAN DAS,SC,SCOUTS&GUID THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 35381/2007-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE FIRST RESPONDENT. EXT.P2: COPY OF THE APPLICATION UNDER RTI ACT DATED 28/09/2007. EXT.P3: COPY OF THE LETTER DATED 04/10/2007 ALONG WITH GUIDELINES AND SCORE SHEET ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 35381 of 2007 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of April, 2009 J U D G M E N T The petitioners are challenging the selection conducted by the 1st respondent for the ''Rajyapuraskar'' for 'Guides'. It is the case of the petitioner that though they have participated in the State level test conducted at the State Headquarters, Thiruvananthapuram from 13.07.2007 to 15.07.2007 as borne by Exhibit P3(3) and obtained 88, 89 and 85 marks, they have been declared as unqualified; whereas the persons with lower marks as evident from Exhibit P3(3) itself have been shown as qualified, which is stated as a clear instance of arbitrariness and discrimination. 2. The 1st respondent has filed a statement without any dispute as to the total marks secured by the petitioner. But, it is pointed out that as per relevant clauses in Exhibit P3(2) guidelines and Ext.P3(3) consolidated Score Sheet the petitioners did not qualify all the tests, having obtained only ‘zero’ marks for ‘Estimation’ and also having failed in ‘Tent and Projects’ which made them to be declared as unqualified. It is further stated in paragraph 4 of the said statement that a District Level Screening Test Camp was originally held at Kannur and a Supplementary Camp was arranged for those unsuccessful Guides and Scouts as an additional W.P.(C) No. 35381 of 2007 -:2:- chance. The supplementary test was conducted at Thiruvananthapuram from 13.7.2007 to 15.7.2007. Since the petitioners could not prove their mettle so as to come out successful in the manner as provided in Exhibit P3(2) guidelines, they had to be declared as unqualified. The result declared by the 1st respondent is very much in tune with the guidelines prescribed and there is absolutely no question of any arbitrariness and discrimination. Considering the facts and circumstances, this Court finds no tenable ground warranting interference. Writ petition fails and is dismissed accordingly. P.R.RAMACHANDRA MENON, JUDGE kmd.