IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WA.No. 1606 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.20565/2008 Dated 24/07/2008 .................... APPELLANTS/ RESPONDENTS: -------------------------------------------- 1. THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI 110 602. 2. THE ASSISTANT COMMISSIONER (ACAD) KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI 110 602. 3. THE PRINCIPAL, KENDRIYA VIDYALAYA SANGATHAN, PURANATTUKARA, THRISSUR. BY ADV. SRI.V.V.ASOKAN RESPONDENT/ PETITIONER: ----------------------------------------- R.NARAYANANKUTTY, PULIKKAL HOUSE, MANNUTHY, THRISSUR. ADV. SRI.ELVIN PETER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------- W.A.No.1606 OF 2008 ------------------------------------- Dated 31st July, 2008 JUDGMENT Koshy,J . This appeal is filed against an interim order passed in a writ petition for admission to a student in the Kendriya Vidyalaya, Ottappalam, Thrissur District. The Member of Parliament, Thrissur gave a recommendation for admission. It is not disputed that, as per the rules, there is a previlege of special dispensation admission offered to a Member of Parliament. By Ext.P5 it was informed that since the Member of Parliament who recommended the admission is not from the place where Kendriya Vidyalaya is situated, admission cannot be granted. The Kendriya Vidyalaya in Thrissur District is situated in Ottappalam Constituency. Learned single Judge in the interim order noticed that the norms should be considered not only in the letter, but by spirit also. Even though Kendriya Vidyalaya is in Thrissur District, it forms part of Ottappalam Constituency and there is no Kendriya Vidyalaya in Thrissur Loksabha Constituency. On these facts, learned single Judge directed that letter of the Member of Parliament, Thrissur should be considered. It cannot be stated that the above order is illegal. In view of the peculiar facts of this case, the learned Judge only directed to consider the W.A.1606/2008 2 application taking into account the special dispensation quota for Member of Parliament. We see no ground to interfere in the discretionary order passed by the learned single Judge. Merely because Member of Parliament is not from Ottappalam Constituency, but from Thrissur Constituency, the recommendation need not be ignored as in Thrissur Loksabha Constituency there is no Central School and the institution in question is situated in Thrissur District. There is no case for the appellant that M.P. from Ottappalam Constituency also recommended another student. Hence, the same treatment as if the M.P. is from the same Constituency be given on the facts of this case. We see no ground to interfere with the discretionary interim order passed by the learned single Judge using powers under Article 226 of the Constitution of India. The appeal is dismissed. J.B.KOSHY JUDGE V.K.MOHANAN JUDGE tks