IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 15141 of 2008(C) -------------------------------------- PETITIONER: ------------------ D. DEVADASAN, GS NO.15652IP STENO GRADE II, HEADQUARTERS 21BORDER ROADS TASK FORCE, C/O.56 APO,PERMANENT RESIDENT OF DEVI NIVAS PUTHIYAVILA NORTH, KAREELAKULANGARA P.O. ALAPPUZHA DISTRICT (FATHER AND NATURAL GUARDIAN OF DEVI DAS, STUDENT STD.VI, KENDRIYA VIDYALAYA) BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ---------------------- 1. THE KENDRIYA VIDYALAYA SANGATAN (KVS) REPRESENTED BY THE COMMISSIONER, KVS, 18 INSTITUTIONAL AREA, SHAHID JEET SINGH MARG NEW DELHI 110602 2. THE ASST.COMMISSIONER, KVS CHENNAI ZONE, REGIONAL CAMPUS, IIT CAMPUS ADAYAR, CHENNAI-36. 3. THE PRINCIPAL, KENDRIYA VIDYALAYA NTPC CHEPPAD, KAYAMKULAM, ALAPPEY DISTRICT 4. THE MANAGING DIRECTOR, NTPC, KAYAMKULAM 5. C.M.KURUP, PRINCIPAL KENDRIYA VIDYALAYA NTPC, CHEPPAD, KAYAMKULAM ALAPPEY DISTRICT BY ADV. SRI.V.V.ASOKAN - R1 TO 3 SRI.B.S.KRISHNAN (SR.) - R4 SRI.K.ANAND (A.201) - R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15141/2008-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER OF AUTHORITY DATED 14/05/2008 ISSUED BY THE COMMANDER OF THE PETITIONER'S UNIT. EXT.P2: COPY OF THE TC ISSUED FROM KV, NTPC KAYAMKULAM EXT.P3: COPY OF THE TC ISSUED FROM KV, PROTBLAIR EXT.P4: COPY OF THE TC ISSUED FROM KV, JOSHIMATH EXT.P5: COPY OF THE REPRESENTATION DATED 10/04/208 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE ORDER DATED 15/04/2008 FROM THE 2ND RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 14/04/2008 OF THE LOCAL MP OF THE PETITIONER. EXT.P8: COPY OF THE LETTER DATED 16/04/2008 FROM THE HON'BLE MINISTER FOR WATER RESOURCES TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 15141 OF 2008 = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T The petitioner is a Central Government employee. He was transferred to a place, where there was no educational facilities for his daughter. Therefore he applied for transfer and admission of his daughter in Kendriya Vidyalaya at NTPC, Kayamkulam. He approached this court complaining that in spite of her eligibility, the 3rd respondent is not giving admission to the petitioner's daughter. He therefore seeks the following reliefs: I. Issue a writ of certiorari or appropriate writ order or direction modifying Ext.P6 to the extent that the admission shall be at Adoor KV and not in the KV Kayamkulam. II. Issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd respondent to admit the petitioner's daughter Devi Das in Std.VI. III. Issue a writ of mandamus or other appropriate writ order or direction, directing the 3rd respondent tot produce the admission register of the students in his school from Std.V to X for the perusal of this Hon'ble Court. 2. A statement has been filed by the standing counsel for the Kendriya Vidyalaya, stating that the petitioner's daughter W.P.(C).No. 15141 OF 2008 2 could not be given admission because the class strength of each class is only 40 and presently, the standard to which the petitioner's daughter seeks admission have more than 40. As per the present infrastructure, they cannot grant admission to any more students, is the averment in the statement. They also submit that Ext.P5 is not the original of the application submitted by the petitioner, but Annexure A is the original, in which the petitioner has specifically endorsed in his application that admission may be arranged in Kendriya Vidyalaya, Adoor, if, admission is not available in Kendriya Vidyalaya, NTPC, Kayamkulam. In accordance with the same, admission has been arranged at Kendriya Vidyalaya in Adoor, is the contention raised in the statement. This is disputed by the petitioner by filing a reply affidavit stating that, that endorsement in Annexure A was not voluntary, but under compelling circumstances, as directed by the 2nd respondent. I am unable to believe this statement, because the petitioner did not say any such thing in his writ petition. If that averment was true, the petitioner would have naturally told so in the writ petition to the effect that under W.P.(C).No. 15141 OF 2008 3 compulsion he was forced to make such an endorsement in Ext.P5. In the above circumstances, the only relief that can be given to the petitioner is to grant admission to petitioner's daughter in Kendriya Vidyalaya, Adoor. It is admitted that the petitioner's daughter has joined Kendriya Vidyalaya, Adoor. In the above circumstances, no further orders are necessary in that regard also. Accordingly, this writ petition is closed. S.SIRI JAGAN, JUDGE bkn/-