IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 16944 of 2009(K) -------------------------------------- PETITIONERS: --------------------- 1. AJINA T.WILLIAM (MINOR),REPRESENTED BY HER FATHER,WILLIAM GEORGE,THADATHIL PUTHENVEEDU, DALI.P.O,KULATHOOPUZHA. 2. THARA.P.AJAY,(MINOR),REPRESENTED BY HER FATHER,AJAYAKUMAR.P.T, PUTHENPURA HOUSE,AVANDOOR, KOTTARAKARA. BY ADVS. MR.ALEXANDER GEORGE, MR.J.ABHILASH. RESPONDENTS: ------------------------ 1. DEPUTY COMMISSIONER,NAVODAYA VIDYALAYA SAMITHI,HYDRABAD REGION,H.NO.1-1/10/3,F.B.ROAD, SECANDRABAD-500 003. 2. THE PRINCIPAL,JAWAHAR NAVODAYA SCHOOL, KOTTARAKKARA,KOLLAM. 3. JOINT SECRETARY,(CBSC),ALL INDIA ENGINEERING ARCHITECT ENTRANCE EXAM UNIT,P.F.1-2, I.P.EXTENSION, INSTITUTIONAL AREA, PATPARGONG, NEW DELHI-92. R2 BY ADV. MR. P.K. VIJAYAMOHAN, R3 BY MR.DEVAN RAMACHANDRAN,S.C, ADV. MR.K.M.ANEESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16944/2009-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE HALL TICKET FOR EXAMINATION OF THE P.1. EXT.P.2: COPY OF THE HALL TICKET FOR EXAMINATION OF THE P.2. EXT.P.3: COPY OF THE ROLL NUMBERS OF THE PERSONS ADMITTED IN THE 2ND RESPONDENT'S SCHOOL AS PER THE 1ST LIST. EXT.P.4: A HAND WRITTEN COPY OF THE LIST AFFIXED IN THE NOTICE BOARD OF THE 2ND RESPONDENT'S SCHOOL. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE COVERING LETTER NO. AS/JNV/2009 DTD. 18/05/2009 AND THE LIST OF STUDENTS FURNISHED TO THE 80 SEATS AVAILABLE AT THE VIDYALAYA. EXT.R2.B: COPY OF THE COMMUNICATION DTD. 10/06/2009 FROM THE R.1. EXT.R2.C: COPY OF THE COMMUNICATION NO. AS/JNV/2009 DTD. 05/06/2009 AND THE REVISED SELECT LIST. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16944/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of October, 2009 J U D G M E N T The petitioners filed this writ petition seeking for a direction to the second respondent to admit them in Std.VI in Navodaya School, Kollam. They appeared in the entrance examination conducted for the purpose of admission. The place of their choice is Kollam District. Written test was conducted under the guidance of the third respondent. The petitioners were included in the category Urban Disable Seat. It is in these circumstances they approached this Court seeking for appropriate direction to admit them in the school. 2. In the counter affidavit filed on behalf of the second respondent, it is pointed out that even though Ext.R2(a) select list was provided, the first respondent sent a telephonic communication which was later confirmed in writing that there are some discrepancies in the results of JNVST Class VI held on 8th February, 2009 pertaining to the schools under Hyderabad Region and direction was issued not to take any action on the said results till further communication from Central Board of Secondary Education. Ext.R2(b) is the copy of the said communication. The stand W.P.(C). No.16944/2009 -:2:- taken is that the C.B.S.E has revised the results of the Selection Test and sent the revised list to all Vidyalayas with further direction to operate the revised Selection Test results and start admission to Class VI. Ext.R2(c) is the revised selection list. It is further pointed out that the petitioners are shown in Ext.R2(a) in the category 'Urban Disable Seat' and actually the first petitioner had to be included in the Rural General Open and the second petitioner in the Rural Scheduled Caste. They are not disabled at all. The inclusion of the petitioners in the Urban Disable Seats is by a mistake. In the revised list they have not been included also. Therefore, in these circumstances, it is pointed out that they are not entitled for any reliefs in the writ petition. Since in the revised list the petitioners are not included, they cannot be granted any relief in this writ petition. In view of the above, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms