REMYA RAJU Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Petitioners 1 & 2 are two students of SDA School, Sadanandapuram, Kottarakkara and are appearing for the SSLC examination of March 2008, conducted by Government of Kerala, which commenced on 12-03-2008. According to them, they belong to the Seventh Day Adventist denomination, a world wide Protestant Christian denomination and are therefore entitled to fundamental right under Article 25(1) of the Constitution to freely profess, practise and propagate that religion. According to them, in terms of the core faith of the members of that denomination, they have to abstain from any activity from 6 a.m. to 6 p.m. on Saturdays and therefore it will be impermissible for them, in the context of their religion, to appear for the examination scheduled tomorrow, i.e., 15-03-2008/fliey filed this Writ Petition on 12-03-2008, relying on Ext.P2 Government Order dt. 21-12-1961 by which the Government had decided that if there are any candidates belonging to Jews or Seventh Day Adventist denomination to appear for the examination, special arrangements will be made for them, for conducting the examination after 6 p.m.

(2.) When this matter came up for admission on the afternoon of 12-03-08, in the wake of Ext.P2, the learned Government Pleader was requested to obtain instructions. He states today that Ext.P2 has since been withdrawn and the time table was set sufficiently early in terms of Rule 11(2) in Chapter VIII of the Kerala Education Rules. He accordingly stated that the petitioners can have no claim as is projected by them.

(3.) Learned Counsel appearing for the petitioners relying on the decisions of the Apex Court in Bijoe Emmanuel v. State of Kerala, and Bramchari Sidheswar Shai v. State of West Bengal,, dilating in detail on the scope of the term in Article 21(1) of the Constitution, contended that the abstinence of the. members of the denomination in question from any activity during the day time on Saturdays, being intricately connected and deep rooted in the faith and belief of the members of that denomination, no law made by the State can impinge on the freedom guaranteed by Article 25(1) except to the extent of the power to legislate on the ground of public order, morality and health.