IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 15631 of 2008(J) ---------------------------------- PETITIONERS: ----------------- 1. REEMA SALIM, D/O. P.P.MOHAMMED SALIM,'SHAZ' NEAR G.H.S., MANATHALA, CHAVAKKAD P.O.,THRISSUR DISTRICT. 2. SUSAN.N.JACOB D/O. N.A. JACOB, NEELAMKAVIL HOUSE KOTTAPPURAM P.O., MANGAD, THRISSUR DISTRICT. 3. JOVEGA P. JOHNY,D/O. P.P.JOHNY, PUTHUR HOUSE, KUNDANNUR P.O. WADAKKANCHERY, ATTATHRA, THRISSUR DISTRICT. 4. ATHULAYA C.S.,D/O. SANJEEVAN C.S, CHENNAMKULANGARA HOUSE, NATTIKA P.O., THRISSUR DISTRICT. 5. PRESSY M.B., D/O. BABU M.S., MAPRANATH HOUSE, VALAPPAD P.O., THRISSUR DISTRICT. 6. PROMITHA GOURI K.U., D/O. ULLAS K.C., KALAKKODUVATH HOUSE, THALIKULAM P.O., THRISSUR DISTRICT. 7. DISNY DENNY.T., D/O. T.C. DENNY THEKKEKKARA HOUSE, THOZHIYOOR P.O. ANJOOR (BAZARRR) THRISSUR DISTRICT. 8. RINU GEEVER P., D/O.GEEVER I.P., PULIKKOTTIL HOUSE, PORKULAM P.O., KUNNAMKULAM , THRISSUR DISTRICT. 9. NITHYA ASOKAN, D/O.ASOKAN N.K., NEDIYEDATH HOUSE, AKATHIYOOY P.O., KUNNAMKULAM, THRISSUR DISTRICT. WP(C).No. 15631 of 2008 10. SWATHY SAGARAN V.,D/O. SAGARAN V.S, VALIYAVALAPPIL P.O.,AKATHIYOOR P.O., PAREMPADAM,THRISSUR DISTRICT. 11. LAKSHMI PRAKASH.A,D/O.A.K.JAYAPRAKASH, AZHUTHUPURAKKAL HOUSE,PORKULAM,PAZHANJI, THRISSUR DISTRICT. 12. ATHIRA K.C, D/O. K.N. CHANDRAN KURUPATHETHIL HOUSE, AKKIKAVU, KUNNAMKULAM, THRISSUR DISTRICT. 13. ATHIRA T. VINOD, D/O. VINOD T.M., THALLAPULLI HOUSE, ANJOOR P.O., CHERUVATHANI, THRISSUR DISTRICT. 14. DAYA DATH, D/O. SUNIL DATH THALAPILLY HOUSE, KIZHOOR P.O., KUNNAMKULAM, THRISSUR DISTRICT. 15. SANI JOHN, D/O. JOHN K. FRANCIS, PARAKKAL KUTTIKKATT HOUSE, THALASKKOTTUKARA P.O., KECHERY, THRISSUR DISTRICT. 16. SIPPY JOHN, D/O. C.D.JOHNSON, CHIRAYATH MANJIYIL HOUSE, PUTTEKKARA, ANJOOR, MUNDUR,THRISSUR DISTRICT. 17. SWEDA K.S,D/O.SIDHARTHAN K.R., KOTHOTTIL HOUSE, CHOONDAL P.O., AKHAMPADAM,THRISSUR DISTRICT. 18. MARIEJOE C,D/O.JOHNSON THOMAS, CHIRAMMEL HOUSE, MATTOM P.O., THRISSUR DISTRICT. 19. CHITHRA BALAKRISHNAN, D/O.BALAKRISHNAN E.K.,KINAYATH HOUSE, VAZHANI P.O.,VIRUPPAKKA, WADAKKANCHERY, THRISSUR DISTRICT. 20. NAVYA THOMAS. D/O. THOMAS, PUTHENPURAYIL HOUSE PANJAL P.O.,CHERUTHURUTHY VIA, THRISSUR DISTRICT. 21. ANJU FRANCO, D/O. E.K.FRANCO ELUNATHINGAL HOUSE, P.O. VALAPAD. 22. LAKSHMY V.P.,D/O.PRAKASHAN V.V., VELAMBATH HOUSE P.O.,CHENTHRAPPINNY. WP(C).No. 15631 of 2008 23. ROSHNY M.Y.,D/O.M.R.YATHEENDRAN, MAMBULLY HOUSE, P.O. EDAMUTTAM,PIN 680568. 24. THASNI P.A., D/O. AMEER P.H., POKKAKILLATH HOUSE, P.O.CHOOLOR, PIN 680 567. 25. SILPA SIBI, D/O. SIBI JOSEPH, MULAMTHURUTHIL HOUSE, PAZHAYANNUR P.O.,680 587. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR RESPONDENTS: -------------------- 1. THE NATIONAL COMMISSIONER, BHARAT SCOUTS AND GUIDES, NATIONAL HEAD QUARTERS, LAXMI MAZUMDAR BHAWAN 16, MAHATMA GANDHI MARG, INDRAPRASTHA ESTATE , NEW DELHI 110002. 2. STATE ORGANIZING COMMISSIONER (GUIDES) KERALA STATE BHARAT SCOUTS AND GUIDES, STATE HEAD QUARTERS, POST VIKAS BHAWAN, TRIVANDRM-33. 3. STATE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDES, STATE HEAD QUARTERS, POST VIKAS BHAWAN, TRIVANDRM-33. 4. THE DEPUTY DIRECTOR (GIRL PROGRAMME) BHARAT SCOUTS AND GUIDES, NATIONAL HEAD QUARTERS, LAXMI MAZUMDAR BHAWAN,16, MAHATMA GANDHI MARG INDRAPRASTHA ESTATE, NEW DELHI 110002. 5. THE ASSISTANT DIRECTOR (LEADER OF THE CAMP),SOUTHERN REGIONAL HEAD QUARTERS, NO.39, PALACE ROAD, SHANTI GRUHA, BANGALORE. BY SRI. M.K. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, ALONG WITH WPC NO. 19586 OF 2008THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15631 of 2008 EXT.P1: COPY OF THE RELEVNAT PORTION, RULE 18 OF THE PART III OF AIMS, POLICY, RULES AND ORGANISATION OF BHARAT SCOUTS AND GUIDES. RESPONDENT'S EXHIBITS ANNEX.R2(a): COPY OF THE LETTER DT. 10.04.2008. ANNEX.R2(b): COPY OF COMMUNICATION DTD 14.6.2002. ANNEX.R2(c): COPY OF THE REPORT DTD 28.4.2004. ANNEX.R2(d): COPY OF THE CIRCULAR DTD 12.03.2008. ANNEX.R2(e): COPY OF THE MINUTES OF THE BADGE COMMITTEE DATED 11.02.2008. ANNEX.R2(f): COPY OF THE REGISTRATION FORM FOR RASHTRAPATHI GUIDE AWARD TEST. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------ W.P.(C)Nos.15631 & 19586 OF 2008 ------------------------------------------- Dated this the 10th day of July, 2008 JUDGMENT The petitioners in these two writ petitions are minor children studying in the 10th Standard. They are aggrieved by their elimination from the Camp for Rashtrapathi Guide Award conducted by the respondents after conducting a make-believe pre-test. Their contention is that the respondents have framed a Scheme for the purpose of promoting the Scouts and Guides movement in the country. They have framed rules for the purpose of training Guides for Rashtrapathi Guide Award. The children studying in the 10th Standard, who have completed 14 years of age and who have served as a Rajya Puraskar Guide for 12 months, are entitled to compete for the Rashtrapathi Guide Award. The petitioners are students, who have the prescribed qualifications for appearing in the test for Rashtrapathi Guide Award during these 12 months undergone various trainings as Guides and after passing four tests, become eligible for competing for the Rashtrapathi Guide Award. Accordingly, after W.P.(c)No.19586/08 &Con.case 2 so qualifying, the petitioners attended a Camp for the Rashtrapathi Guide Award Test. But in the Camp, they were asked to undergo a pre-test over a period of three days. 2. According to the petitioners, after conducting a farce of a pre-test within two days, 60% of the students in the Camp were told that they cannot compete for the Rashtrapathi Guide Award since they have not qualified in the pre-test. In the above circumstances, they have approached this Court seeking the following reliefs in W.P.(C)No.15631/08 and W.P. (C)No.19586/08 respectively. “i) Declare that the conduct of pre-test for the eliminating Guides from participating in the Rashtrapathi Guide Award Testing Camp is illegal and unauthorised. ii) issue a writ of mandamus or any other appropriate writs, orders or directions directing the respondents to permit the petitioners to appear for the Rashtrapathy Rank Examination for Guides in this Academic Year; iii) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the respondents to re-fix the date for receiving applications for the Rashtrapathi Award Testing Camp after declaring that the petitioners are eligible to apply for the same; i) issue a writ of mandamus or any other appropriate writ, orders or directions directing the respondents to accept the applications of the petitioners W.P.(c)No.19586/08 &Con.case 3 also for taking part in the Rashtrapathi Guide Award Examination and Testing Camp, if the last date for receipt of such applications is already over. ii) issue a writ of mandamus or any other appropriate writ or order or directions directing the respondents to permit the petitioners to appear for the ensuing Rashtrapathi Guide Award Examination for Guides in this Academic year irrespective of the results of the pretest. iii) Declare that the conduct of pre-test for the Guides who are otherwise duly qualified to participate in the Rashtrapathi Guide Award Exam is illegal and ultravires the authority and powers conferred on the respondents by Aims, Policy, Rules and Organization of Bharat Scouts and Guides” According to the petitioners, the respondents have prescribed specific rules laying down the qualifications for becoming eligible to compete for the Rashtrapathi Guide Award, which are contained in Clause 18 of Ext.P1, which is extracted from the relevant Rules, which is not in dispute before me. They would submit that once the students become eligible as per Clause 18, they are entitled to compete for the Rashtrapathi Guide Award and there is no provision anywhere enabling the respondents to conduct a pre-test to make a preliminary elimination. They would also contend that it is after one year's of hard training and undergoing four tests that they have W.P.(c)No.19586/08 &Con.case 4 become eligible to compete for the Rashtrapathi Guide Award and therefore, it is unjust to eliminate 60% of them by conducting a farce of pre-test. It is also their case that before conducting a pre-test they were not informed that they have to undergo a pre-test and that if they fail in the same, they would not be eligible to appear in the Rashtrapathi Guide Award Test. 3. The respondents have filed a statement and an additional statement. They would submit that in view of the increasing number of students seeking to appear for the award, it became necessary to eliminate a few of them for which only a pre-test is being conducted. According to them, during the previous years also such pre-test was conducted and nobody has objected to the same. It is the case of the respondents that although no specific rules have been prescribed for the same, the respondents are perfectly competent to prescribe a pre-test for the purpose of selecting a final batch of students to undergo the test for Rashtrapathi Guide Award. A technical contention is also raised to the effect that after sitting for the test and finding that they were not selected, the petitioners cannot then turn around and question W.P.(c)No.19586/08 &Con.case 5 the validity of the pre-test itself. On these contentions the respondents would argue for sustaining the action taken by them. 4. I have considered the rival contentions in detail. The respondents do not dispute before me that apart from Ext.P1, there are no other written Rules or Regulations in respect of the Rashtrapathi Guide Award. They also do not dispute that Clause 18 of Ext.P1 pertains to Rashtrapathi Guide Award. I have gone through the said Clause. The qualification for becoming eligible for the test are prescribed in Clause 18A(i), which reads thus: “The President of the Indian Union who is the Chief Patron of the Bharat Scouts and Guides, has been graciously pleased to authorise the issue of a special certificate to a Guide who earns the Rashtrapati Guide Award and has completed 14 years of age, after serving as a Rajya Puraskar Guide for at least twelve months”. As per the same, a student who has completed 14 years of age, who has served as a Rajya Puraskar Guide for at least 12 months is eligible to appear for the Rashtrapathi Guide Award Test. There is no dispute before me that all the petitioners in these two writ petitions have that qualification. The other W.P.(c)No.19586/08 &Con.case 6 provisions in Clause 18 contains the procedure for conducting the test for Rashtrapathi Guide Award. Elaborate tests are prescribed. A pre-test is not contemplated anywhere in the same. After having prescribed elaborate procedure for conducting the test for Rashtrapathi Guide Award, I do not think that the respondents can on their own without issuing any order or Rule regarding conduct of a pre-test for eliminating some of the eligible candidates, by conducting a short pre-test. The respondents have no case that the petitioners were informed in advance that in the Camp for the purpose of Rasthrapathi Guide Award Test, the petitioners have to undergo a pre-test and only those students, who pass the pre-test would be eligible to compete for the Rashstrapathi Guide Award. In fact the respondents have not produced before me any rule, order or communication prescribing or intimating about such a pre-test at all. Without issuing any such order or without having informed the petitioners in advance about the requirement of passing a pre-test, especially when such a pre-test is not contemplated by the Rules framed by the respondents themselves, I am of opinion W.P.(c)No.19586/08 &Con.case 7 that such conduct of a pre-test is totally without competence. I am of opinion that all the eligible students are entitled to go through the entire tests prescribed in Clause 18 before they can be eliminated and the respondents cannot adopt the short cut method of eliminating the majority of students by conducting a perfunctory pre-test. 5. I do not also find any merit in the contention of the respondents that after having undergone the pre-test, the petitioners cannot turn around and challenge the same. Unless the petitioners were informed in advance about the necessity for passing a pre-test, the petitioners cannot challenge the pre-test before undergoing the same. It is only after they joined the Camp for the Rashtrapathi Guide Award, they were informed about the pre-test. Even otherwise, the petitioners are minor children. The principles applicable to service law cannot be strictly applied to such minor children. Therefore, I do not find any merit in that contention also. 6. The results of the discussion is that the pre-test conducted by the respondents to eliminate the petitioners are clearly without jurisdiction and unsustainable. Accordingly, I W.P.(c)No.19586/08 &Con.case 8 direct the respondents to issue forms for registering the names of the petitioners for appearing in the Rashtrapathi Guide Award and allow them to participate in the test for Rashtrapathi Guide Award along with others who have been allegedly selected pursuant to the pre-test. Since the present situation arose because of the illegal conduct of the respondents, they shall not take into account any cut off date prescribed for this purpose. The writ petitions are allowed as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.19586/08 &Con.case 9