IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 22650 of 2008(U) -------------------------- PETITIONER(S): --------------- K.K.PEETHAMBARAN, S/O.A.KRISHNAN, AGED 52 YEARS, MANAGER, NARAYAN U.P.SCHOOL, MANAPPADAM, PALAKKAD DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD DISTRICT. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C).No.22650 of 2008 -U ----------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T Heard Sri.K.T.Shyam Kumar, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is the Manager of a recognised aided school. He challenges Ext.P1 Government order dated 29.1.2004 and seeks a writ in the nature of mandamus commanding the second respondent to treat the admission of the students named in Ext.P3 list as regular admission and to count them for the purpose of staff fixation, without insisting on production of certificates of birth to prove their dates of birth. 3. The brief facts of the case are as follows: The Headmaster of the petitioner's school admitted 21 students in the 1st standard. The parents of the said students did not produce birth certificates to prove their dates of birth. However, they had signed a declaration as stipulated in Rule I of Chapter VI of the KER declaring the date of birth of their respective wards. Ext.P3 W.P.(C).No.22650 of 2008 -U 2 is the list of students thus admitted. The petitioner's grievance is that relying on Ext.P1 Government order, the 2nd respondent has declined to treat the admission of the said students as regular admissions for the reason that their birth certificates have not been produced. The petitioner submits that so long as Rule 1 of Chapter VI of the KER has not been amended, Ext.P1 Government order cannot operate. The petitioner relies on Ext.P2 judgment of a learned Single Judge of this Court in W.P. (C).No.13912 of 2005 and connected cases in support of the said contention. 4. Rule 1 of Chapter VI of the Kerala Education Rules reads as follows: “No pupil shall be admitted in a school except on an application in form 3 signed by his parent/guardian. The application shall be accompanied by a certified extract from the Register of Births showing the date of birth of the pupil, but in case where it is satisfactorily explained to the Headmaster why the said extract cannot be produced, a declaration from the parent/guardian or in the case of an orphan, a certificate from a registered medical practitioner regarding the date of birth of the pupil shall be accepted. All such applications shall be filed separately in the records of the schools.” W.P.(C).No.22650 of 2008 -U 3 5. A reading of the said rule makes it evident that admissions can be made without producing the certified extract from the register of births, if the parent can satisfactorily explain to the Headmaster why he cannot produce the same. In such circumstances, a declaration from the parent regarding the date of birth of the pupil can be accepted. This Court has in Ext.P2 judgment considered the effect of Ext.P1 and other Government Orders wherein it was stipulated that production of a birth certificate issued by local authority is compulsory for admission of students in the 1st standard from 2004-2005 onwards. This Court in Ext.P2 held that as long as Rule 1 of Chapter VI stands unamended, no officer of the Education Department can enforce Ext.P1 Government order. This Court also directed that in the light of the provisions in Rule 1 of Chapter VI of the KER, the admission of students who have been admitted based on the declaration signed by their parents regarding their date of birth shall be treated as regular and shall also be reckoned for the purpose of staff fixation. The State of Kerala is a party to the said judgment and the direction in Ext.P2 has become final. W.P.(C).No.22650 of 2008 -U 4 6. I therefore, dispose of this writ petition with a direction that the admission of the students named in Ext.P3 shall be treated as regular for all purposes and that they shall also be reckoned as regular students of the petitioner's school for the purpose of staff fixation. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE. bkn/-