IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 20565 of 2008(W) -------------------------- PETITIONER: ------------ R.NARAYANKUTTY, PULIKKAL HOUSE, MANNUTHY, THRISSUR DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110 602. 2. THE ASSISTANT COMMISSIONER, -DO- -DO- 3. THE PRINCIPAL, KENDRIYA VIDYALAYA, PURANATTUKARA, THRISSUR DISTRICT. BY ADV. SRI.V.V.ASOKAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 20565/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ACKNOWLEDGMENT BY R3 FOR RECEIPT OF APPLICATION. P2. COPY OF THE ELECTION IDENTITY CARD. P3. COPY OF THE RECOMMENDATION BY SRI.C.K.CHANDRAPPAN, M.P. P4. COPY OF THE LETTER DTD.28.5.08 BY -DO- P5. COPY OF THE ORDER DTD.4.6.08 BY R2. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.20565 of 2008 ================== Dated this the 29th day of August, 2008 J U D G M E N T In this writ petition the petitioner seeks admission to his child in the Kendriya Vidyalaya in the Special Dispensation quota available for Members of Parliament. On 24.7.2008, I passed the following interim order. “Admit. Standing counsel takes notice. Standing counsel submits that based on the Delhi High Court decision which is referred to in Ext.P5, the Kendriya Vidyalaya Sangathan has amended their admission guidelines, whereby the privilege of special dispensation admission conferred on a Member of Parliament must be confined to the constituency of the Member of Parliament. I am of opinion that, that guideline would have been valid, if there was a Kendriya Vidyalaya in each of the parliamentary constituencies in Kerala. Admittedly, on all parliamentary constituencies, there are no Kendriya Vidyalaya, particularly in Thrissur constituency. That being so, that guideline cannot be accepted as absolute. I have my own doubts whether special dispensation admission is valid since it can be challenged as oppose to the provisions of Articles 14 and 16 of the Constitution of India. However, in so far as the same is not under challenge before me, I am not going into that question. In view of the fact that in Thrissur parliamentary constituency, there is no Kendriya Vidyalaya, I am of opinion that the petitioner is entitled to be considered for admission in the special dispensation quota for Member of Parliament in accordance with the priority. This shall be done within a week from receipt of a copy of this order. Post after a week.” The respondents challenged the interim order in W.A.No.1606/2008. The Division Bench upheld the interim order w.p.c.20565/08 2 and dismissed the writ appeal. In view of the interim order, no further orders are necessary in this writ petition and accordingly, the writ petition is disposed of in terms of the interim order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge