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2008 Supreme(Ker) 170

THOTTATHIL B.RADHAKRISHNAN
Remya Raju – Appellant
Versus
Government of Kerala – Respondent


Advocates Appeared:For the Petitioner:Vellayani Sundararaju, P. Meenakumari, Advocates. For the Respondent: A.J. Varghese (Government Pleader).

Judgment :

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 12.03.08. 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 Art 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. They filed this writ Petition on 13.2008, 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 13.08, in the wake








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