IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 27216 of 2009(V) -------------------------------------- PETITIONER(S): --------------------- KUMARI MANJUSHA (MINOR) D/O.CHEMBAN UNNI, PADIYATH HOUSE, THALIKKULAM, THRISSUR DISTRICT REPRESENTED BY HER MOTHER SHEEJA UNNI. BY ADV. MR.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): ------------------------ 1. COMMISSIONER, NAVODAYA VIDYALAYA SAMITHY, A-28, KAILASH COLONY, NEW DELHI-110 048. 2. DEPUTY COMMISSIONER NAVODAYA VIDYALAYA SAMITHY HYDRABAD REGION, 1-1-10/3, S.P.ROAD, SECUNDARABAD-500 003. 3. PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA MAYYANNUR P.O., THRISSUR-679 105. 4. DISTRICT COLLECTOR, THRISSUR. 5. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF SECONDARY AND HIGHER EDUCATION, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI. R4 BY SR.GOVERNMENT PLEADER MR.MUHAMOOD T.T. R2 & R3 BY ADV. MR.P.K.VIJAYAMOHANAN. R5 BY ADV. MR.T.P.M. IBRAHIM, ASST. SG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27216 of 2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009. JUDGMENT The petitioner is now studying in Standard VIII in GVHS, Thalikkulam. She was a student of Jawahar Navodaya Vidyalaya, Thrissur. She is a member of Scheduled Caste community. It is submitted that the petitioner belongs to a poor family also. Earlier she had obtained admission to VIth standard in Jawahar Navodaya Vidyalaya, Thrissur during 2006. Due to ill-health and mental pressure, the petitioner went out from the hostel and she was later subjected to medical examination also. It is the case of the petitioner that the petitioner's parents were compelled to sign certain papers under compelling circumstances and utilising the same, the authorities issued a Transfer Certificate. 2. The challenge made in the writ petition is against the action taken by the respondents in giving Transfer Certificate and accordingly the petitioner seeks for a direction to take immediate steps to admit her in the IXth Standard without insisting for a competitive examination. The very same issue even though was raised before various authorities, the petitioner did not get any favourable orders. wpc 27216/2009 2 3. It is the case of the third respondent that the petitioner is now pursuing her studies for Standard VIII at Government Vocational Higher Secondary School, Thalikulam. If the petitioner is interested in getting admission to the Navodaya Vidyalaya in standard IX for the academic year 2010-2011, she has to submit application as and when the vacancies are notified. There is no provision for readmission of a student who has obtained the Transfer Certificate. The only course open to the petitioner is to apply for admission to Standard IX under lateral entry for the year 2010- 2011 as and when applications are invited. the applications will be invited by the first respondent normally during the month of May, 2010 and wide publicity will be given in the Media and at the offices of the Assistant Educational Officers and the District Educational Officers, apart from the office of the Vidyalaya. 4. Learned counsel for the petitioner submitted that in the light of the above, the petitioner is satisfied if a direction is given to consider under lateral entry system afresh. Therefore, the writ petition is disposed of with the following direction: If the petitioner submits an application pursuant to the notification published by the Navodaya Vidyalaya during May 2010 for admission wpc 27216/2009 3 under lateral entry scheme, the same will be considered in accordance with the relevant guidelines and appropriate action will be taken by the respondents in the matter. No costs. (T.R. Ramachandran Nair, Judge.) kav/