IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 34474 of 2008(D) --------------------------------------- PETITIONER(S): ---------------------- VARSHA THILAK, MINOR 5 YEARS, STANDARD 1-A,KENDRIYA VIDYALAYA NO.II,KATTARI BAGH NAVAL BASE, KOCHI,REPRESENTED BY HER MOTHER AND GUARDIAN DEEPA C.M., NARAYANA VILASOM, KURUMANDAL, SOUTH PARAVOOR, KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. RESPONDENT(S): ------------------------- 1. THE ASSISTANT COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, I.I.T. CAMPUS, CHENNAI-600 036. 2. THE PRINCIPAL, KENDRIYA VIDYALAYA NO.II, KATTARI BAGH, NAVAL BASE, KOCHI. 3. THE PRINCIPAL, KENDRIYA VIDYALAYA, MULAMKODAKOM, KOLLAM. BY ADV. SRI.V.V.ASOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 34474 of 2008 --------------------------------- Dated this the 11th day of December, 2008 JUDGMENT A first standard student in Kendriya Vidyalaya No.II, Kochi was sought to be transferred to Kendriya Vidyalaya at Kollam, against a quota that is reserved for 'Single Female Child Category'. This has been denied on the ground that the eligibility is confined to those children whose parents are compulsorily transferred. 2. A statement has been filed by the Standing Counsel affirming this position and a reply affidavit has been filed by the petitioner. 3. I heard learned counsel for the petitioner Sri.B.Mohan Lal and Sri. V.V.Asokan learned Standing Counsel for the respondents. Learned counsel appearing for the respondents submits that the child's mother is a practicing advocate and therefore she is not brought under the category of an employee subjected to transfer. If that be so, the stand taken by the respondents do not suffer from any infirmity. But I record the WPC. 34474/2008 2 submission made by the learned counsel for the respondents that in the peculiar facts and circumstances, if the petitioner's child is sought to be readmitted to the Kendriya Vidyalaya at Ernakulam as an exceptional case, the child shall be permitted to resume study in Kendriya Vidyalaya at Ernakulam. Further, if the petitioner moves a representation before the first respondent seeking relaxation of the norms within three weeks from today, the same shall be considered and a decision shall be taken by 31.1.2009, to enable the petitioner, if otherwise eligible, to be admitted to the Kendriya Vidyalaya at Kollam for the academic year 2009. The writ petition is disposed of as above. V. GIRI, JUDGE. pmn/ WPC. 34474/2008 3