IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 21570 of 2010(U) -------------------------- PETITIONER(S): --------------- AMRUTHA J.NAIR, MINOR, AGED 10 YEARS, REPRESNTED BY HER FATHER AND GUARDIAN, JAYACHANDRAN PILLAI.P., SREELEKSHMI (CHERUKARA), EREZHA NORTH, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR RESPONDENT(S): --------------- 1. NOVADAYA VIDYALAYA SAMITI, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF INDIA, A-28, KAILASH COLONY NEW DELHI-110048. 2. DEPUTY DIRECTOR, NAVODAYA VIDYALAYA SAMITI, HYDERABAD REGIONAL OFFICE, H.NO.1-1-1-/3,SARDAR PATEL ROAD, SECUNDERABAD - 500003, ANDHRA PRADESH. 3. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, CHENNITHALA P.O., ALAPPUZHA, KERALA - 690105. 4. THE REGIONAL DIRECTOR, REGIONAL OFFICE, THE CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630A, J BLOCK, ANNA NAGAR WEST CHENNAI - 600 040. ADV.DEVAN RAMACHANDRAN, SC ADV.P.K.VIJAYAMOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 21570 of 2010 ================== Dated this the 16th day of August, 2010 J U D G M E N T The petitioner is a minor student, represented by her father and guardian, seeking admission to the Jawahar Navodaya Vidyalaya, Chennithala P.O., Alappuzha. An application was filed by her claiming admission to the said institution in the rural category relying on a certificate issued by the head of the school in which the petitioner had earlier studied as approved by the Assistant Educational Officer, Mavelikkara, certifying that the school in which the petitioner studied is in a rural area. But it turned out that the school is actually in an urban area. The petitioner submits that although the petitioner is not entitled to admission in the rural category, insofar as she applied in the rural category is not because of any fault of the petitioner, the petitioner is entitled to be considered in the urban category for admission. 2. I have heard the learned standing counsel appearing for the CBSE and the learned counsel for the 3rd respondent-school. 3. I am of opinion that since the petitioner happened to apply in the rural category only because of the certificate issued to her by the competent authority, it is only appropriate that the respondents consider the petitioner's application for admission in the urban 2 category. Accordingly, the respondents are directed to treat the application filed by the petitioner as one for admission in the urban category and process the same on the basis of the rules applicable to urban category. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge