IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WA.No. 916 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9985/2011 APPELLANT: PETITIONER ---------------------------- K.KARTHIKEYAN (MINOR), 5 YEARS OF AGE REPRESENTED BY ITS FATHER AND GUARDIAN S.KUMERASAN, C.S.P.NIVAS, 7/490, RAILWAY COLONY, RAJENDRA THEATRE COMPOUND, KALLEKULANGARA P.O., PALAKKAD - 678 009, KERALA. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: RESPONDENTS ---------------------------------- 1. KENDRIYA VIDYALAYA SANGATHAN, 18, INDUSTRIAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI - 110 016, REPRESENTED BY COMMISSIONER. 2. ASSISTANT COMMISSIONER, KENDRIYA VIDYALAYA, REGIONAL OFFICE, ADAYAR, CHENNAI. 3. CHAIRMAN, KENDRIYA VIDYALAYA NO.I HEMAMBIKA NAGAR, OLAVAKKOD, PALAKKAD, PIN - 678 009. 4. THE PRINCIPAL, KENDRIYA VIDYALAYA NO.I HEMAMBIKA NAGAR, OLAVAKKOD, PALAKKAD, PIN - 678 009, PALAKKAD. ADV. SRI.V.V.ASOKAN FOR R1, 2, & 4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 916 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 5TH DAY OF JULY, 2011 J U D G M E N T C.N. Ramachandran Nair, J. This appeal is filed against the judgment of the learned Single Judge, declining to direct the respondents give admission to the appellant's child in 1st standard in Kendriya Vidyalaya, Palakkad. Standing Counsel for Kendriya Vidyalaya took notice on admission and submitted that nine seats are available in the quota reserved for Scheduled Tribe. According to the norms, such quota has to be filled up by following priority which involves offering the seats to the Scheduled Caste candidates in the waiting list and in their absence, to give it to the Other Backward Communities and then to the open quota. Admittedly, the 1st standard course commenced on 1st April, 2011 and as of now three months course studies are over. Appellant's contention that more students from Scheduled Tribe community seeking admission in the quota reserved for them is very unlikely at this distance of time, seems very reasonable. However, since the school has provided time till 31.7.2011 for them to come and join, we feel at the risk of W.A. 916/2011 2 replacements admissions could be given to others waiting in the queue in accordance with the norms. We therefore, direct the Principal to offer admissions at the risk of replacement with Tribal children coming for admission later to the Scheduled Castes in the waiting list and in their absence to offer admission to the petitioner who is also a member of Other Backward Community. In case Tribal students come atleast by 31.7.2011, then those admitted should be replaced by such students. The writ appeal is disposed of by modifying the judgment as above. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-