High Court of KeralaWP(C)/276/2015disposed of

Aiswaria K Davis v. The Director,Directorate Of Higher Secondary Education

2015-01-06Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 276 of 2015 (H) ------------------------------------- PETITIONER(S):

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1. AISWARIA K DAVIS (MINOR), D/O.DAVIS K.O, REPRESENTED BY HER GUARDIAN FATHER DAVIS K.O, S/O.OUSEPH K.I, AGED 55 YEARS, RESIDING AT KANNAMPUZHA HOUSE F.B 34, N.G.O QUARTERS, P.O MARIKUNNU KOZHIKODE 673 012.

2. AMRUTHA M (MINOR), D/O.USHA P, REPRESENTED BY HER GUARDIAN MOTHER USHA P, W/O.P.K SATHYAN, AGED 44 YEARS RESIDING AT 'USHUS', VELLORTHAZAM, CIVIL STATION KOZHIKODE 673 020.

3. MEGHNA PRASAD (MINOR), D/O.LISSY PRASAD, REPRESENTED BY HER GUARDIAN MOTHER LISSY PRASAD AGED 45 YEARS, W/O.PRASAD P, RESIDING AT 28/1945 A1 'MEGHA' THEKKEPATT METHAL PARAMBA, KATTUKULANGARA NELLIKODE, KOZHIKODE 673 016.

BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD RESPONDENT(S):

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4. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM 695 001.

5. THE STATE SECRETARY BHARAT SCOUTS AND GUIDES, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM 695 001.

BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 276 of 2015 (H) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 15-3-2014 EXT.P2 TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 15-3-2014 EXT.P3 TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED TO THE 3RD PETITIONER DATED 15-3-2014 EXT.P4 TRUE COPY OF THE FINAL RESULT AND LIST OF RECOMMENDED GUIDES FOR THE RASHTRAPATHI AWARD,2013 PUBLISHED IN THE MONTH OF MARCH,2014 EXT.P5 TRUE COPY OF THIS COMMUNICATION FROM THE GUIDE CAPTAIN TO THE PRINCIPAL OF PROVIDENCE G.H.S.S ,KOZHIKODE DATED 12-11-2014 EXT.P6 TRUE COPY OF THE CERTIFICATE ISSUED TO PETITIONERS 1 AND 3 DATED 12-11-2014 EXT.P7 TRUE COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 12-11-2014 EXT.

P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT DATED 14-11-2014 EWXT.P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT 20-11-2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY/ P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 276 of 2015 ------------------------------------------- Dated this the 6th day of January, 2015

J U D G M E N T

The petitioners have approached this Court with the following prayers:

"(i) issue a writ in the nature of mandamus directing the respondents to take appropriate and expeditious steps to ensure that the grace marks to which the petitioners are eligible are granted to them on the basis of the Rashtrapathi's Award conferred upon them;

(ii) issue a writ in the nature of mandamus directing the 1st respondent to consider on merit Exts.P8 and P9 and take expeditious action on the same after affording to the petitioners an opportunity of being heard."

The learned counsel for the petitioners submits that, the petitioners are members of the 'Kerala State Bharat Scouts and Guides' and have been conferred with 'Rashtrapathi Award, 2013' on the basis of a test conducted in September, 2013. By the time the result was published in March, 2014, the petitioners have completed the 10th Standard. However, the eligibility to have grace marks has been extended to the 'Higher Secondary' course as well and it is in the said circumstances, that the petitioners moved the 1st respondent by filing Exts.P8 and P9

WP(c). No.276 of 2015 representations. The learned counsel for the petitioners submits that, the grievance of the petitioners will stand redressed, if a direction is given to the 1st respondent to consider Exts.P8 and P9 and to pass appropriate orders within a reasonable time. 3.

Heard the learned Government Pleader as well. 4.

In view of the limited extent of relief sought for, this Court does not find it necessary to deal with the merits of the case. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Exts.P8 and P9, in accordance with law, after affording an opportunity of hearing to the petitioners, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.