IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 12138 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------ 1. SANKARANARAYANAN, S/O. KRISHNAKUMAR, MINOR, AGED 11 YEARS, REP. BY HIS FATHER AND GUARDIAN, KRISHNAKUMAR, SANKARAMANGALAM, CHINGOLI P.O., ALAPPUZHA DISTRICT. 2. PARVATHY N., D/O. AJITHKUMAR M.B., MINOR, AGED 11 YEARS, REP. BY HER FATHER AND GUARDIAN, AJITHKUMAR, MUKKEL HOUSE, PUTHIYAVILA, PATTOLIMARKET P.O., KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT, CENTRAL SECRETARIAT, NEW DELHI-110 048. 2. NAVODAYA VIDYALAYA SAMITI, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF INDIA, A-28, KAILASH COLONY, NEW DELHI-110 048. 3. DEPUTY DIRECTOR, NAVODAYA VIDYALAYA SAMITI, HYDERABAD REGIONAL OFFICE, H.NO.1-1-10/3, SARDAR PATEL ROAD, SECUNDERABAD-500 003, ANDHRA PRADESH. 4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, CHENNITHALA P.O., ALAPPUZHA, KERALA-690 105. 5. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), NEW DELHI-110 048, REPRESENTED BY ITS SECRETARY. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R4 BY ADV. SRI.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.12138/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PROSPECTUS ISSUED BY THE 2ND RESPONDENT FOR THE JAWAHAR NAVODAYA VIDYALAYA SELECTION TEST 2011. P2 COPY OF THE RECEIPTS ISSUED BY THE 4TH RESPONDENT . RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.12138 OF 2011 -------------------------------- Dated this the 23rd day of June 2011 JUDGMENT The petitioner has approached this court with the following prayers: i) Declare that selection test to class VI of Jawahar Navodaya Vidyalaya notified as per Ext.P1 is required to be conducted based on selection test and there is no inhibition to conduct such admission test under the Right of Children To Free and Compulsory Education Act,2009. ii) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order, directing the respondents to conduct selection test 2011 for admission to Jawahar Navodaya Vidyalaya, Chennithala within such time as may be fixed by this Hon'ble Court. iii) Issue such other writ, direction or order as deemed fit and proper by this Hon'ble Court. 2. The 4th respondent has filed a counter affidavit, particularly pointing out in paragraph 6 as follows: “6. It is submitted that based on the nod given by the 1st respondent, the 2nd respondent Navodaya Vidyalaya Samithi has issued circular Instructions dated 06-06-2011 to all the concerned authorities to take necessary steps for the conduct of Selection Test on 10- 07-2011. Notification to this effect has been issued in the media and Admit Cards were sent to the concerned Assistant Educational Officers for issuance to the candidates through the Headmasters of the respective schools.” W.P.(C)No. 12138/2011 - 2 - 3. The learned counsel for the petitioner submits that the petitioner is satisfied with the turn of events as narrated in paragraph 6 of the counter affidavit and that the matter can be disposed of accordingly. 4. In the above circumstances, this Court does not find it necessary to pass any further orders. The Writ Petition is closed, recording the assertion made from the part of the 4th respondent in the counter affidavit as aforesaid. vdv P.R.RAMACHANDRA MENON, JUDGE