IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 13732 of 2011(N) -------------------------- PETITIONER: --------------- PRAKASH KUMAR A., AMBADY HOUSE, KAVATHIKALAM, KOTTAKKAL P.O., MALAPPURAM DISTRICT. BY ADV. MR. M.RAMESH CHANDER MS. K.A.SANJEETHA RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO EDUCATION, NEW DELHI - 110 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM - 676 505. 3. THE KENDRIYA VIDYALAYA SANGATHAN REPRESENTED BY EDUCATION OFFICER, REGIONAL OFFICE, CHANNAI - 600 036. 4. THE KENDRIYA VIDYALAYA GACHIBOWLI, HYDRABAD-REPRESENTED BY PRINCIPAL. 5. THE PRINCIPAL, KENDRIYA VIDYALAYA, MALAPPURAM - 676 505. 6. KENDRIYA VIDYALAYA, MALAPPURAM - 676 505 REPRESENTED BY PRINCIPAL. R1 BY MR. P.PARAMESWARAN NAIR,ASG OF INDIA R2 GOVERNMENT PLEADER MR. P. NARAYANAN R3 TO R6 ADV. M/S. IYER & IYER, SC.KENDRIYA VIDYALAYA FOR MR. V.V.ASOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 13732 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : PHOTOSTATE COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE KENDRIYA VIDYALAYA SNAGATHAN, HYDERABAD REGIONAL DATED 05.04.2011 EXT. P2 : PHOTOSTAT COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 29.04.2011 EXT. P3 : PHOTOSTAT COPY OF THE FEES RECEIPT DATED 05.04.2011 P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 13732 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 15th June , 2011 JUDGMENT The petitioner wants to have an accommodation to his son to the 5th standard of Kendriya Vidyalaya at Malappuram, pursuant to the Transfer Certificate already issued from the concerned school at Hydrabad, where the child is now pursuing the studies. The application preferred by the petitioner in this regard has been rejected as per Ext. P2 order dated 29.04.2011, stating that, the parent has not been transferred to Malappuram district, which in turn is under challenge in this writ petition. 2. The learned standing counsel appearing for the third respondent has filed statement, producing a copy of the 'guide lines as Exhibit R3(a)'. Clause 13 (i) to (iii), which are relevant for the adjudication of this case reads as follows : (i) Admission of children with KV TC will be automatic if the parent has been transferred from the station where the child was earlier studying to the station where admission is being sought and the transfer involves change of station. TC cases can be accommodated up to the class strength of 55th after which efforts should be initiated to pen additional sections. Defence personnel and para-military forces who shift their W.P. (C) No. 13732 of 2011 : 2 : families to a station of their choice whenever they are transferred to some non family areas or posted in their Naxal affected areas, can admit their child(ren) on KV TC in a KV located at the station where they will keep their family. (ii) In all other cases where transfer of the parent is not involved the admission with KV TC would be done only with the prior approval of the Assistant Commissioner of the region provided the enrolment in the class / section does not exceed the prescribed ceiling mentioned above. (iii) Not withstanding (i) & (ii) above, if the enrolment in the class / section to which admission is being sought for is above the ceiling prescribed, the Assistant Commissioner of the region is empowered to grant admission in any other Kendriya Vidyalaya of the station where vacancy exists. 3. It is true that the applicant cannot aspire for accommodation as matter of course, nor there is any vested right in this regard, but subject to the stipulations in the guideline. It is also true that, when the respondents say that the parent has not been transferred to the Malappuram so as to give accommodation to child, in view of the stipulations under Clause 13 (i). Sub clauses (ii) and (iii) of Clause 13 give some idea that admission can be given in some other manner, to the extent as specified therein, which exercise is not pursued, when the request made by the petitioner was turned down as per Ext. P2. 4. In the above circumstances, this Court finds that, the child of the petitioner could be accommodated in the respondent's school to the W.P. (C) No. 13732 of 2011 : 3 : 5th standard or in such other nearby Kendriya Vidyala; if any vacancy is still available. The writ petition is disposed of, directing the respondents 5 & 6 to pursue further steps in this regard, as expeditiously as possible, at any rate, within 'two weeks' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 5th respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd