DOGGA V GEORGE Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THE appellant is a minor, aged 10 years. He is studying in St. George High School, Kothavalasa of Vizianagaram District. It is stated that while he was prosecuting 2nd class in that school, the school authorities have promoted him to 5th class, in the academic year 2005-06, on account of his extraordinary brilliance, and in classes 5th and 6th also, he secured almost 90% marks. Being confident of his ability, he wanted to appear in the SSC examination, on completion of 6th class itself. According to the prevailing Rules, a candidate must not be less than 14 years of age, as on 1st August of the concerned year, to appear in SSC examination.

(2.) A representation was made by the School, to the Principal Secretary, Education (SE-Exams) Department, the 1st respondent herein, on behalf of the petitioner, with a request to relax the minimum age limit. The same was rejected, vide memo dated 17. 11. 2007, stating that a policy decision was taken by the Government on 8. 6. 2006, not to entertain any request for relaxation of age, beyond two years. Thereafter, a similar representation was made to the Director of Government Examinations, the 2nd respondent herein. The latter refused to accede to the request, vide his proceedings dated 12. 2. 2008. It was stated that a candidate must have completed 14 years of age, by 31st August of the concerned academic year, for appearing in the SSc Examination, and in extraordinary cases, the minimum age can be relaxed, maximum up to two years by the Government. On finding that the relaxation that is pleaded in case of the appellant is almost more than five years, the application was rejected. The appellant, represented by his father, filed W. P. No. 5119 of 2008, assailing the memo dated 12. 2. 2008. The learned Single Judge dismissed the writ petition, through order dated 29. 4. 2008. Hence this Writ Appeal.

(3.) LEARNED Government Pleader for School Education, on the other hand, submits that the rules, prescribing the minimum age limits for candidates, who intend to appear in the SSC examination, are framed, after thorough study and research. He contends that 14 years is found to be the proper age, at which a student can complete Matriculation, or Secondary Examination, and the mere fact that any particular student is below or above the average intelligence needed for the course, cannot be a factor to relax the age.