IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JULY 2009 /8TH SRAVANA 1931 WP(C).No. 20120 of 2009(H) ------------------------------------- PETITIONER(S): ---------------------- ROHITH RAVEENDRAN ,AGED 16 YEARS MINOR REPRESENTED BY HIS FATHER SRI.P.V.RAVEENDRAN ,SATHGAMAYA NEAR THAVURIYATTU TEMPLE P.O.RAMANTHALI, KANNUR 670 308. BY ADV. SMT.SHAMEENA SALAHUDHEEN RESPONDENT(S): ------------------------ 1. KENDRIYA VIDYALAYA,PAYYANNUR P.O.EDAT, PAYYANNUR,KANNUR 670 327, REPRESENTED BY ITS PRINCIPAL. 2. KENDRIYA VIDYALAYA SANGATHAN REGIONAL OFFICE, ST.JOHNS ROAD BANGALORE 560042,KARNATAKA STATE. 3. CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, PLOT NO.1630 A, "J"BLOCK 16THE MAIN ROAD, ANNA NAGAR WEST,CHENNAI 600040. BY ADV. MR.V.V.ASOKAN FOR R1 & R2 MR.DEVAN RAMACHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20120/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE IN ROLL NO.4163544 IN ALL INDIA SECONDARY SCHOOL EXAMINATION, 2009, ISSUED BY THE CBSE DT. 26.5.09 FOR 10TH STD IN THE YEAR 2008-09. P2:- COPY OF THE JUDGMENT IN PRINCIPAL, KENDRIYA VIDYALAYA V.SAURABH CHOUDHARY, REPORTED IN 2008 (4) KLT 705(SC). P3:- COPY OF THE JUDGMENT REPORTED IN2007(3) KLT SN 57(C.NO.73) IN RACHIT U.KUMAR V.CBSE. P4:- COPY OF THE REPRESENTATION DT. 20.6.09 SUBMITTED BY THE FATHER OF THE PETITIOENR TO THE IST RESPONDENT. P5:- COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE IST RESPONDENT DT. 23.6.09 THROUGH THE DEPARTMENT OF POST. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20120/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of July, 2009 J U D G M E N T The petitioner is a minor represented by his father and is seeking admission to Plus 1 in Kendriya Vidyalaya, Payyannur. The petitioner was studying in the school for the last 7 years and has successfully completed his Class X under the scheme offered by the Central Board of Secondary Education. Ext.P1 is the copy of the marks statement issued to the petitioner. It is submitted that in the list published for students eligible to Class XI, the petitioner's name was excluded and even though, representations were submitted, those were not favourably considered. In these circumstances, the petitioner has approached this Court seeking for appropriate directions in the matter. 2. The second respondent has filed a statement and the petitioner has filed a reply statement also. It is contended by the second respondent that the petitioner as of right is not entitled for admission to Plus 1 in Kendriya Vidyalaya, Payyannur since there is no vacancies as on date. It is also stated that the petitioner has not secured the qualifying marks for the Science stream and, for Science stream, the candidates should secure 55% marks for Mathematics and Science. It is also stated that they are awaiting list of 9 applicants who secured more marks than the petitioner. It is W.P.(C). No.20120/2009 -:2:- therefore pointed out that 90 students have been admitted. 3. The petitioner is relying upon the decision of the Apex Court in Principal, Kendriya Vidyalaya v. SaurabhChowdhary [2008 (4) KLT 705 (SC)] and the decision of the learned Single Judge of this Court in Rachit U.Kumar v.Central Board of Secondary Education [2007 (3) KLT SN.57 (C.No.73)]. The Principle that is arrived at by the Apex Court and this Court is that students passing Class X is entitled to admission in Class XI and the admission cannot be denied on the basis that he has not obtained the cut off marks. In Ext.P2, it was held by Apex Court that “it would be quite unreasonable and unjust to throw out a student from the school because he failed to get the cut off marks in the Class X examination.” In Ext.P3, the said view was followed. 4. In the light of the above, the petitioner is entitled for admission in Class XI. It is declared so. There will be a direction to respondent Nos.1 and 2 to admit the petitioner to Class XI of the Kendriya Vidyalaya, Payyannur, for the Academic year 2009-2010. The same shall be done on production of a copy of the judgment by the petitioner. The writ petition is allowed as above. No costs, (T.R. Ramachandran Nair, Judge.) ms