IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 14366 of 2010(U) -------------------------- PETITIONER(S): --------------- G.KRISHNA KUMAR,RESIDING AT PANDETHUMEKKETHIL VEEDU, EVOOR NORTH P.O,CHEPPAD,ALAPPUZHA DISTRICT. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. KENDRIYA VIDYALAYA SANGATHAN REPRESENTED BY ITS COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN,NEW DELHI. 2. THE REGIONAL DIRECTOR, KENDRIYA VIDYALAYA SNAGATHAN, CHENNAI. 3. CHAIRMAN,KENDRIYA VIDYALAYA, N.T.P.C KAYAMKULAM,CHEPPAD P.O,ALAPPUZHA DISTRICT.690 507. 4. THE PRINCIPAL,KENDRIYA VIDYALAYA N.T.P.C,KAYAMKULAM,CHEPPAD P.O ALAPPUZHA DISTRICT,PIN - 690 507. ADV. SRI.V.V.ASOKAN FOR R1,2,4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 14366 of 2010 ================== Dated this the 27th day of May, 2010 J U D G M E N T The petitioner is an ex-serviceman. He seeks admission in Kendriya Vidhyalaya Project school of the NTPC, Kayamkulam, for his daughter and son. They are not being given admission although they are entitled to such admission is the contention raised in this writ petition. As far as the daughter is concerned, the petitioner does not press his claim for this year and he is prepared to wait for the next year. But as far as the son is concerned, he would submit that although the limit for number of students in Class V prescribed as per the guidelines is only 40, the respondents can admit students upto 50, which was being done for earlier years and therefore, the petitioner wants this Court to direct the respondents to exercise their discretion to admit the petitioner's son also by increasing the number of students. 2. I have heard the learned standing counsel appearing for the Kendriya Vidhyalaya Sangathan also. 3. After hearing, I am not satisfied that the petitioner has a statutory right for admission of his son as per the guidelines applicable, which can be enforced through a court. The petitioner would contend that the Supreme Court has held that the guidelines w.p.c.14366/10 2 have no statutory force and, therefore, the petitioner's son cannot be denied admission simply because there is prohibition in the guidelines for the same. I am of opinion that it is all the more worse for the petitioner because that also would show that he does not have any statutory right, which can be enforced. Insofar as the respondents have prescribed an upper limit of 40 students for Class V, I do not think that this Court can direct the respondents to admit further students in excess of the prescribed limit. In the above circumstances, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge