IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 W.A.No. 1863 of 2008 ----------------------------------- AGAINST THE ORDER IN WPC.25676/2008 DATED 02/09/2008 .................... APPELLANTS/2ND & 3RD RESPONDENTS IN WRIT PETITION: -------------------------------------------------------------------------------------- 1. STATE ORGANIZING COMMISSIONER (SCOUTS) KERALA STATE BHARAT SCOUTS & GUIDES, STATE HEAD QUARTERS, POST VIKAS BHAVAN, THIRUVANANTHAPURAM-33. 2. STATE SECRETARY, KERALA STATE BHARAT SCOUTS & GUIDES, STATE HEAD QUARTERS, POST VIKAS BHAVAN, THIRUVANANTHAPURAM-33. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS/PETITIONER & RESPONDENTS 1,4 & 5 IN WRIT PETITION: --------------------------------------------------------------------------------------------------------- 1. SHAIJU P., S/O.P.KRISHNAN, PANAKKAD HOUSE, MUTHUVATHU PARAMBA, HAJIYAR PALLI, MALAPPURAM DISTRICT, REP. BY GUARDIAN – FATHER, KRISHNAN.P. 2. THE NATIONAL COMMISSIONER, BHARAT SCOUTS & GUIDES, NATIONAL HEAD QUARTERS, LAXMI MAZUMDAR BHAVAN, 16, MAHATMA GANDHI MARG, INDRAPRASTHA ESTATE, NEW DELHI – 110002. 3. THE DEPUTY DIRECTOR (SCOUT PROGRAMME), BHARAT SCOUTS & GUIDES, NATIONAL HEAD QUARTERS, LAXMI MAZUMDAR BHAVAN, 16, MAHATMA GANDHI MARG, INDRAPRASTHA ESTATE, NEW DELHI – 110002. W.A.NO.1863 OF 2008 - 2 - 4. THE ASSISTANT DIRECTOR (LEADER OF THE CAMP), SOUTHERN REGIONAL HEAD QUARTERS, NO.39, PALACE ROAD, SHANTI GRUHA, BANGALORE. R1 BY ADV.SRI.BABU S.NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A. No. 1863 of 2008 ------------------------------------------ Dated, this the 5th day of September, 2008 JUDGMENT H.L.Dattu, C.J. Respondents 2 and 3, being aggrieved by the interim order passed by the learned Single Judge in W.P.(C) No.25676 of 2008 dated 2nd September, 2008, are before us in this writ appeal. (2) In the writ petition filed, the petitioner had sought for the following reliefs. They are as under: “i) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the respondents to permit the petitioner to appear for the Rashtrapathy Rank Examination for Scouts in this Academic year, to be held from 6.9.2008 to 10.9.2008 at S.T.C., Palode; ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper, in the circumstances of the case. (3) By way of an interim prayer, the petitioner had requested the Court to direct the contesting respondents in the writ petition to permit the petitioner to appear for the Rashtrapathy Rank Examination for Scouts W.A.No.1863 of 2008 2 to be held from 6.9.2008 to 10.9.2008 at S.T.C., Palode, pending disposal of the writ petition. (4) The learned Single Judge has granted the interim relief as sought for by the petitioner. (5) In our opinion, the interim order so passed by the learned Single Judge, would in no way affect the appellants herein. After all, the learned Judge has only directed the appellants herein to permit the petitioner to appear for an examination. (6) In that view of the matter, while declining to entertain this writ appeal, we make it clear that the appearance of the petitioner in the examination will be subject to the result of the writ petition and that the result of the examination shall not be published without the leave of the Court. (7) With the above observation and direction, the writ appeal is disposed of. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns