IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 W.P.(C).No. 7631 of 2008(H) --------------------------------- PETITIONERS: --------------- 1. SMT. ANAGHA T.J., MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI.JAGATHJEEVAN THEKKATHARA HOUSE, CHITTUR COLLEGE PO, CHITTUR PALGHAT. 2. SRI. JAGATHJEEVAN T.K. THEKKATHARA HOUSE, CHITTUR, PALGHAT DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENTS: ----------------- 1. THE PRINCIPAL, KENDRIYA VIDYALAYA KANJIKODE, PALGHAT DISTRICT. 2. THE OFFICER-IN-CHARGE KENDRIYA VIDYALAYA SANGETHAN, I.I.T. CAMPUS CHENNAI-36. 3. THE DIRECTOR KENDRIYA VIDYALAYA SANGETHAN, NO.18 AREA NEW DELHI-110 016. BY ADV. SRI.V.V.ASOKAN, SC ADV. SRI. DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING C OME UP FOR ADMISSION ON 02/04/2008, ALONG WITH WPC NO.9901 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 7631 & 9901 OF 2008 ======================= Dated this the 2nd day of April, 2008 J U D G M E N T The prayers in these writ petitions are for quashing Ext.P4 to the extent it prescribed 31st of March, 2008 as the cut off date for completing 5 years of age for admission to Class I in the Kendriya Vidyalaya Schools, which are the respondent Schools. Petitioners are pre-primary students and according to them on account of the fixation of 31st of March, 2008, the date for completing 5 years for admission to Class I now introduced as per Ext.P4 in WP(C) No.9901/08, they will be ineligible and there is no possibility of their getting admission to primary classes. 2. The regulation that is objected to by the petitioners, to the extent relevant reads as follows: 1. Admission List for Class I and Pre-Primary will be on 31/3/2008 12 noon. Please note: The child must be 5 years old as on 31st March of the calendar year if the admission is sought in Class I; and 4 years old if admission is sought for Pre-Primary class. For the remaining classes the eligible age will be calculated as on 30th September. Petitioners submits that going by the norms which were in vogue, a child should have completed atleast 5 years as on 30th of September, and that WPC 7631 & 9901/08 :2 : the said norms are now been revised requiring completion of 5 years as on 31st of March. It is contended that in terms of the examination bylaws which are required to be followed as per the affiliation bylaws and in particular Clause 6 thereof, a student should satisfy the requirements of age limit as determined by the State/Union Territory Government and applicable to the place where school is located. It is submitted that in so far as Kerala is concerned, going by Kerala Education Rules, the age requirement to be satisfied is as on 1st of June and therefore, at any rate the prescription of 31st of March now introduced in Ext.P4 cannot be sustained. The contentions similar are also raised by the petitioner in WP (C) 7631/08. 3. On behalf the Kendriya Vidyalaya Sangathan, which is respondent 2 in WP(C) 9901/08 and 2 and 3 in WP(C) No.7631/08, statements have been filed. According to the Kendriya Vidyalaya Authorities, unlike the schools governed by KER, where Academic year commenced w.e.f 1st June, their academic year begins on 1st of April of the year. In view of this, the issue as to whether the rule that the child should satisfy the age requirement as on 30th of September, prescribed WPC 7631 & 9901/08 :3 : earlier in the norms of CBSE was the subject matter of litigation before the Delhi High Court. Delhi High court had appointed Ganguly Committee under the Chairmanship of the Chairman of the CBSE itself. The committee submitted its report to the High Court which was accepted by the Delhi High Court by its order dated 26/9/2007, the relief portion of which reads as under. That the cut off date for the calculation of age should be 31st March of the year of admission. A child should have completed four years on or before 31st March of the year of admission to be considered eligible for gaining admission to pre-primary class. A child should have completed a minimum of five years on or before 31st March of the year of admission to be considered eligible for gaining admission to Class I. The cut off date of 31st March will be of the academic year for which admission will be taken. 4. It is stated that following the orders of the Delhi High Court, Kendriya Vidyalaya have resolved as far as they are concerned that prescription of age should be satisfied as on 31st of March of the relevant year and that uniformity will be in all their schools. It is stated that unlike in the state schools, their academic year is also different and that those are permissible in terms of CBSE Regulations itself. 5. From the above, it can be seen that in so far as Kendriya WPC 7631 & 9901/08 :4 : Vidyalaya Schools including those affiliated to CBSE are concerned, they are all following a uniform system in the matter of age requirement. It is not as though this condition has been prescribed without any application of mind. As already noticed, the Ganguly Committee appointed by the Delhi High Court had gone into the matter, conducted detailed studies and submitted its report to the Delhi High Court which was accepted by that court. It is therefore that it is to maintain uniformity that Kendriya Vidyalaya authorities resolved to implement the said decision in so far as their schools are concerned. The decision so arrived at on the materials available before the Kendriya Vidyalaya Sangathan cannot be faulted and I do not find any reason to interfere with the prescription of age which is now uniformly followed by all Kendriya Vidyalayas in the country. 6. True the petitioners here are affected by this decision. But then an individual hardship will not invalidate a rule. It is now submitted by the counsel for the petitioner in WP(C) No.9901/08 that in so far as other similarly situated students of the 1st respondent school are concerned, they are all allowed to continue in the pre-primary school for one more year. Counsel appearing for the Kendriya Vidyalaya Sangathan WPC 7631 & 9901/08 :5 : submitted that similar treatment will be given to the petitioner in WP(C) 9901/08 also. 7. In so far as the petitioners in WP(C) No.7631/08 is concerned, if they want to have similar treatment, it will be open to them to move the school authorities, in which case, their requests will be duly considered and orders passed. Writ petitions are disposed of as above. ANTONY DOMINIC,JUDGE. Rp