Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Vaishnavi A

High Court Of Kerala|26 May, 2014
|

JUDGMENT / ORDER

The petitioners are minor school children who have enrolled themselves as scouts and guides in their school. This writ petition is filed for a declaration that they are eligible to attend the Rajya Puraskar Scouts/Guides, which is to be conducted on 27.05.2014 in terms of Ext.P5 notification. 2. According to the petitioners, they have requisite eligibility as they have attended Tritiya Sopan Badge and they were given the Unique Identification Number, which are the two requirements to participate in the aforesaid examination. Their names were suggested by their guide, but now they are not permitted to participate in the said examination is the complaint raised by the complainant.
4. Statement is filed by respondents 1 to 4 inter alia stating that the Unit Leader of the petitioners, Smt. Swapna K. is not qualified to recommend the names of the candidates for Thretheeya Sopan and Rajyapuraskar Test as she has not completed advanced course in Guide Section. The only qualified Unit Leader Smt.Suhara, who was already forwarded the names W.P.(C).No. 12713 OF 2014 2 of maximum number of candidates i.e. 14 for the Rajyapuraskar Test from her unit. According to the petitioners their unit was also under the guideship of Smt.Suhara and they are also entitled to participate in the examination .
5. But according to the respondents, as per the procedure prescribed, there is a maximum number of candidates who could be enrolled for the examination by a qualified guide and since Smt.Suhara had already recommended 14 candidates from her unit, there is no opportunity for the petitioners to participate in the aforesaid examination.
6. The learned counsel for the petitioner however submits that the students were not aware of any such procedure and the rules does not prescribe any such restriction.
7. The learned counsel for the respondents has produced norms governing the examination which inter alia states that in order to obtain Tritheeya Sopan Scout or Rajya Puraskar Badge the candidate should be trained for about nine months under a qualified Guide Captain. In a year a unit could send only 45 % of the students for the Rajya Puraskar Test.
8. Under these circumstances, it cannot stated that the Guide Captain or the teacher concerned was not aware of the W.P.(C).No. 12713 OF 2014 3 above restrictions. Smt.Suhara has already sent names of 14 students, which is 45% of the total Guide students. When such restriction is available and the teacher did not opt to send the names of the petitioners, it is not possible for this Court to permit the petitioners to participate in the examination, which is also against the norms fixed by the respondent.
Under these circumstances the petitioner is not entitled to any reliefs claimed in this writ petition. Accordingly this writ petition is dismissed. However the disposal of this writ petition shall not preclude the petitioners from participating in the examinations for the next year, if their names are included in the list.
A.M.SHAFFIQUE, JUDGE jm/
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Vaishnavi A

Court

High Court Of Kerala

JudgmentDate
26 May, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • P V Kunhikrishnan