IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 32111 of 2008(W) -------------------------- PETITIONER(S): --------------- MANAGER, A.L.P.SCHOOL, THALASSERY THALASSERY PO., ARANGOTTUKARA VIA, THRISSUR. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION, THRISSUR 2. ASSISTANT EDUCATINAL OFFICER, WADAKKANCHERRY, THRISSUR. BY GOVT. PLEADER SRI. A. J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.32111/2008 ----------------------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P6 staff fixation order, whereby 22 students admitted in class-I have been excluded and consequent reduction in one division is ordered. The reason for such exclusion is that those 22 students have been admitted, acting upon the declaration made by their parents regarding their date of birth. In the absence of certificates issued by the Registrar of Births and Deaths. Against Ext.P6, though the petitioner has filed Ext.P7 before the first respondent, the fact remains that this issue is squarely covered in favour of the petitioner by Exts.P1 and P3 judgments rendered by this court. In those two judgments this court has taken the view that in view of the provisions of Chapter V Rule I KER even a Government WP(c).No.32111/2008 2 Order taking a contradictory view cannot stand and that the admission granted accepting the declaration by the parents is to be regularized. If that be so, for the only reason that admission has been granted acting upon the declaration made by the parents the students cannot be excluded and the action of the 2nd respondent to that effect cannot be approved as well. Although, Ext.P7 appeal has been filed by the petitioner, still having regard to the fact that admission granted by the petitioner cannot be held to be illegal, I am inclined to dispose of this writ petition, granting relief to the petitioner. Accordingly, the writ petition is disposed of directing the 2nd respondent to verify the declarations on the basis of which admissions have been granted by the petitioner to the 22 students in class-I mentioned in Ext.P5 and if admissions have been granted on proper declarations the same should be regularized and that should also be reckoned for determining the division strength in the school. WP(c).No.32111/2008 3 Orders in this behalf shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. WP(c).No.32111/2008 4