Kerala High CourtM/S. Indian Red Cross Society vs The State Of Kerala on 7 September, 2021Author:V Raja VijayaraghavanBench:V Raja VijayaraghavanIN THE HIGH COURT OF KERALA AT ERNAKULAM\n                                    PRESENT\n                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V\n         Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943\n                        W.P.(C) NO. 16159 OF 2021(T)\nPETITIONER:\n\n     M/S. INDIAN RED CROSS SOCIETY, STATE BRANCH, REPRESENTED BY ITS\n     GENERAL SECRETARY, G. PADMAKUMAR, AGED 56 GOPINATHAN NAIR, SOCIETY\n     HAVING OFFICE AT GENERAL HOSPITAL -INDIAN RED CROSS ROAD,\n     THIRUVANANTHAPURAM DISTRICT 695 001.\n\nRESPONDENTS:\n\n  1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT,\n     DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM\n     DISTRICT 695 001.\n  2. THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL\n     EDUCATION, THIRUVANANTHAPURAM DISTRICT 695 001.\n\n\n     Writ petition (civil) praying inter alia that in the circumstances\nstated in the affidavit filed along with the WP(C) the High Court be\npleased to issue an interim direction commanding the respondents to either\nprovide bonus points as is being provided to the NCC, SPC and scouts and\nguides cadets, to the Junior Red Cross cadets or otherwise not to provide\nany bonus points to any cadets pending consideration of the above writ\npetition in the interest of justice.\n\n     This petition coming on for admission upon perusing the petition and\nthe affidavit filed in support of WP(C) and upon hearing the arguments of\nSRI.G.SREEKUMAR (CHELUR), Advocate for the petitioner and SRI. BEJOY\nCHANDRAN, SENIOR GOVERNMENT PLEADER for R1 & R2, the court passed the\nfollowing:\n                      RAJA VIJAYARAGHAVAN V, J.\n                    -------------------------------------\n                      W.P.(C) No.16159 of 2021\n                   --------------------------------------\n               Dated this the 7th day of September, 2021\n\n                                    ORDERI have heard Sri. G.Sreekumar Chelur, the learned counsel appearing\n\nfor the petitioner and Sri. Bejoy Chandran, the learned Senior Government\n\nPleader.2.     In view of the urgency portrayed by the petitioner, the prayer\n\nfor interim relief is taken up for consideration.3.     The Indian Red Cross Society, a statutory organisation\n\nregistered under theIndian Red Cross Society Act, 1920has approached\n\nthis Court complaining that the Junior Red Cross Cadets are being\n\ndiscriminated against by refusing grace marks/bonus points when such\n\nincentives are granted to students, who are NCC Cadets/Student Police\n\nCadets/Scouts and Guides for admission to Higher Secondary course. The\n\npetitioner contends that till the year 2020-2021, grace marks were provided\n\nto all the Cadets. Junior Red Cross used to be provided with 10 marks,\n\nScouts and Guides used to be provided with 10% of the mark secured for\n\nthe SSLC examination (49 marks), Student Police Cadets were granted 5%W.P.(C) No.16159 of 20212of the SSLC marks (25 marks) and NCC Cadets were also provided with\n\ngrace marks to the extent of 5% and 10% respectively. However, a decision\n\nwas taken by the Government not to award grace marks during the current\n\nacademic year.     However, students holding certificates of NCC with 75%\n\nattendance, Student Police Cadet, Scouts and Guides (Recipient of\n\nRashtrapathi Puraskar/Rajya Puraskar), Knowledge of swimming etc are\n\nbeing granted bonus points and thus they get priority for admission to\n\nHigher Secondary courses.4.     The petitioner would refer to Ext.P1 annual report to highlight\n\nthe activities of the Junior Red Cross during the past year. It is contended\n\nthat it is a clear case of discrimination of equally placed persons. Cadets by\n\nthemselves are a class and within the said class, a distinction cannot be\n\ndrawn. It is contended that all the Cadets have to be provided marks in\n\nequal proportion, the denial of the same to the Junior Red Cross alone is\n\ndiscriminatory.5.     The petitioner seeks for an interim direction commanding the\n\nrespondents to either provide bonus points as is being provided to the NCC,\n\nSPC and Scouts and Guides to the Junior Red Cross Cadets or otherwise not\n\nto provide any bonus point to any Cadets. The alternative prayer cannot be\n\nconsidered as the persons affected have not been arrayed as parties.W.P.(C) No.16159 of 202136.     As the admissions are slated to commence shortly, the learned\n\nGovernment Pleader was directed to file a statement.7.     In the statement filed, it is stated that for the past several\n\ndecades and ever since the introduction of the Higher Secondary Course,\n\nthe students, who have participated in the NCC, Scouts and Guides with\n\nRajya Puraskar at the Secondary School level are being given bonus marks\n\nfor Higher Secondary course. The only prerequisite is 75% attendance in\n\nthe activities during an academic year.   The process of awarding bonus\n\npoints to NCC/Scout and Guide Cadets was started from the introduction of\n\nthe Single Window Admission System onwards and the process of awarding\n\nbonus points to Student Police Cadets was started from the introduction of\n\nStudent Police Cadets in schools. Two bonus points are granted to such\n\nstudents. In addition, proficiency in swimming has also been added. Two\n\nbonus points equivalent to two-grade value point is given to those students\n\nfor calculating their Weighted Grade Point Average in addition to the Grade\n\nValues obtained by them in the examination. It is further stated that from\n\nthe introduction of Single Window Admission onwards Junior Red Cross\n\nCadets were considered only for tie breaking till now. In the current\n\nacademic year, Junior Red Cross Cadets are being considered for\n\ntie-breaking even when all other club activities have been excluded. It isW.P.(C) No.16159 of 20214further stated that even in the University level admission process, only for\n\nNCC and NSS that bonus points are awarded. It is further stated that it was\n\nby Ext.R2(a) letter issued by the Principal Secretary that the award of grace\n\nmarks to students was withdrawn for this academic year. This was done\n\nbecause there was no occasion for the students to physically present in\n\nschools due to COVID-19 pandemic and the classes were all conducted\n\nonline. As there was no occasion for the student to lose their educational\n\nhours and by taking a common standard, the Government has decided not\n\nto award grace marks for the last academic year. The withdrawal of grace\n\nmarks was challenged before this Court in W.P.(C) No.13820/2021 but by\n\njudgment dated 26.8.2021, a Division Bench of this Court took the view that\n\nno interference is warranted in the policy decision of the Government. In\n\nthat view of the matter, the petitioner cannot contend that they are entitled\n\nto the award of grace marks.8.     It is further stated that several other co-curricular activities like\n\nSocial Science Club, Forestry Club, Health Club etc. are being held at the\n\nSecondary School level and they are comparable with that of the Red Cross.\n\nIf bonus points are granted to the Red Cross, the same advantage will have\n\nto be granted to students who pursue other activities as well. It is stated\n\nthat participation in Red Cross is given due weightage in the presentW.P.(C) No.16159 of 20215admission process as participation in such activities may enable a student to\n\ngain an advantage when it comes to a tie-breaker. It is further stated that\n\nthe Government as per order dated 12.8.2021 has limited the maximum\n\nbonus point a student can avail as 10 in order to maintain academic merit.\n\nIf the same is tinkered with it may adversely affect the merit-based\n\nadmission.9.     It is further stated that the inclusion of categories like NCC,\n\nScouts and Guides etc. for awarding bonus points is based on a policy\n\ndecision. It is contended that the Bharat Scouts and Guides and NCC are\n\nother institutions connected with the educational system of the State and\n\nthey are recognised by the Statute. When it was decided to provide bonus\n\nmarks to such categories and others on the basis of a policy decision that\n\nwas being followed for the last several years, the petitioners cannot now\n\ncontend that Junior Red Cross Cadets are to be granted the same bonus\n\npoints. It is contended that at no point of time bonus points were granted to\n\nthe Junior Red Cross Cadets and hence they cannot be heard to contend\n\nthat the said grant was stopped abruptly.10.    I have considered the submissions.11.    The main contention of the petitioner is that the students of the\n\nJunior Red Cross are being discriminated against by the Government whileW.P.(C) No.16159 of 20216doing away with the idea of providing grace marks for all student cadets\n\nincluding NCC, Scouts and Guides, Student Police Cadets and Junior Red\n\nCross have taken a decision to award bonus points to NCC, Scouts and\n\nGuides and SPC but have left out the Junior Red Cross.12.    Chapter II Rule 5 of the KER refers to 'other institutions', which\n\nreads as follows:5.     Other institutions-   Other institutions connected with\n              the educational system of the State are:-i)     The Bharat Scouts and Guides.\n\n              ii)    The N.C.C. (National Cadet Corps) and the A.C.C.\n              (Auxiliary Cadet Corps)Thus, it cannot be disputed that the aforesaid 'other institutions' fall\n\ninto a different category.13.    Chapter VIII which deals with Organisation of instruction and\n\nprogress of pupils. Rule 10 in Chapter VIII deals with Extracurricular\n\nactivities." Extra-Curricular Activities.- Extra-Curricular activities should\n\nform an integral part of education imparted in the school and the\n\nHeadmaster and all the teachers should devote a definite time to such\n\nactivities.W.P.(C) No.16159 of 20217The following are some of the extra-curricular activities which should\n\nbe organised in school:-(i)         Scouts and Guides activities - Details are contained in\n     the bye-laws and other publications of the Bharat Scouts and the Guides\n     Association, Kerala State;(ii)    The N.C.C and the A.C.C - The activities of the N.C.C are\n     governed by theNational Cadet Corps Act, 1948, and the National Cadet\n     corps Rules issued by the Government of India;(iii) First Aid, Junior Red Cross Work, St.John's Ambulance Work; and(iv) Hiking, Rowing, Swimming, Tours and Excursions, Debates,\n     Dramas, Drawing and Painting, Gardening, Exhibitions and Melas, and\n     Publication of School Annuals.(v)    (a)   To   foster   cordiality   esprit-de-corps   and   high   social\n    consciousness among the students there may be in every School, a school\n    parliament [in accordance with the scheme issued by the Director] which shall\n    be the common platform of all students and may encourage sports, cultural\n    and educational activities by organising games, tournaments, discussions,\n    symposia, sramadan etc.(b) for the better and efficient functioning of the parliament the\n    teachers shall render all possible assistance and the Headmaster may be the\n    Patron of the same."14.     Thus, First Aid, Junior Red Cross Work, St. John's Ambulance\n\nWork, Hiking etc. falls within the category of extracurricular activities.15.     Grace marks were being granted to students, who pursue\n\nextracurricular activities till the last academic year. However, at the sameW.P.(C) No.16159 of 20218time, bonus points were also being awarded to students who take part in\n\nNCC, Bharat Scouts etc. even during this period. The Government took a\n\npolicy decision to withdraw the grant of grace marks. This was taking note\n\nof the fact that during the academic year 2020-2021 there was no organized\n\nextra-curricular activities due to COVID-19 pandemic. The classes were held\n\nonline and there was no occasion for the students to lose educational hours.\n\nIt appears that the stand of the Government is that no working hours were\n\nlost by the students, which is the foundational criteria for awarding grace\n\nmarks, and therefore it would not be in the interest of all students to award\n\ngrace marks. This policy was challenged before this Court and a Division\n\nBench of this Court in W.P.(C) No. 13763/2021 and connected cases took\n\nthe view that the withdrawal of grace marks do not warrant any\n\ninterference.16.    The petitioner has no case that bonus points were being\n\nawarded to them during the previous years as was being granted to N.C.C.\n\ncadets and Bharat Scouts and Guides, which are other institutions as per the\n\nKER. The said activities form a different category altogether. In that view of\n\nthe matter, prima facie, I am of the view that the contention of Sri.\n\nSreekumar Chelur that the Junior Red Cross Cadets are discriminated\n\nagainst cannot be accepted. True. Student Police Cadets and students with AW.P.(C) No.16159 of 20219Grade for little Kites have also been included in the list of activities entitled\n\nto bonus points. The State has taken a policy decision and it is not for this\n\nCourt to probe into the same on the basis of the available materials.17.    I find that participation in red cross activities is also given due\n\nweightage in the admission process. In the case of a tie, the Junior Red\n\nCross Cadets get an advantage over another student who had secured the\n\nsame Weighted Grade Point Average. As rightly submitted by the learned\n\nGovernment Pleader, if Junior Red Cross Cadets are granted bonus points,\n\nthe same benefit will have to be granted to children who pursue other\n\nextra-curricular activities as well.18.    While dismissing the writ petition challenging the withdrawal of\n\ngrace marks, the Division Bench of this Court had observed as follows in\n\nparagraph No. 25 of the judgment."25.     Above all these aspects, the State Government have\n             decided to provide bonus marks to the specific class of students\n             while they are seeking admission to higher classes in the pattern\n             and formula discussed, and in that view of the matter also, it can\n             never be said that any manner of prejudice is caused to such\n             students, who were entitled to secure the benefits of the\n             Government Orders. Moreover, it is for the Government to decide\n             the manner in which the interests of such students are to be\n             protected and once their admissions to higher classes are taken\n             care of by awarding bonus marks no manner of illegality orW.P.(C) No.16159 of 202110arbitrariness can be imputed against the State especially due to the\n                     fact that it is for the State to take stock of the situation prevailing\n                     and act accordingly so as to avoid any arbitrariness among the\n                     student community. This we say also bearing in mind the fact that\n                     the State could achieve very high percentage of pass and high\n                     marks when compared to the previous academic year and\n                     therefore, if any further marks are awarded to a smaller group of\n                     student community, it may seriously prejudice the other larger\n                     student community, competing for higher studies on the basis of\n                     marks alone. It is also worthwhile to note that the grace marks\n                     were withdrawn only for the academic year 2020-2021."19.    I respectfully concur with the above observations. In that view\n\n       of the matter, I am of the considered opinion that the petitioner has not\n\n       made out a case for an interim order.Post after two weeks.Sd/-RAJA VIJAYARAGHAVAN V,\n                                                                    JUDGE\n       ps/7/9/2021\n\n\n\n\n07-09-2021                        /True Copy/                                       Assistant Registrar