IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 22915 of 2009(H) ---------------------------------------- PETITIONER(S): --------------- P.R.S.NIRANJKIRTIVAS (MINOR) REPRESENTED BY HIS FATHER AND GUARDIAN B.RENJITH KUMAR, ADVOCATE, PLAVILAYIL, MUTHUKULAM, KAYAMKULAM, ALAPPUZHA. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.T.R.SADEESAN, MR.A.HAROON RASHEED. RESPONDENT(S): ----------------------------- 1. KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110 602. 2. THE PRINCIPAL, KENDRIYA VIDYALAYA, NTPC, KAYAMKULAM, ALAPPUZHA DISTRICT. R1 & R2 BY M/S.IYER & IYER, MR.V.V.ASOKAN,SC, KENDRIYA VIDYALAYA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 22915 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 18th day of August 2009. JUDGMENT Petitioner, a minor, applied for admission to the Kendriya Vidyalaya, NTPC, Kayamkulam. He was granted admission under the Special Dispensation Quota of the Minister for Human Resources for the academic year 2009-2010 as evidenced by Ext.P1. The petitioner is aged 7 and is eligible for admission for Class II or III as the case may be. But under Ext.P1, he was offered admission to Class II. A request is made as per Ext.P2 to provide admission to the petitioner either to Class II or III. This was forwarded as per Ext.P3. The petitioner's eligibility is affirmed in Ext.P4. 2. This writ petition has been filed seeking the following reliefs. i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to admit the petitioner to Class II or Class III at Kendriya Vidyalaya, NTPC, Kayamkulam based on Exts.P1 admission order to one of the available seats; ii) Direct the respondents to consider Exts.P2 and P3 and provide admission to the petitioner pursuant to Ext.P1 under the 2nd respondent forthwith; W.P.(C). No. 22915 OF 2009 2 3. On instructions, Mr. V.V.Asokan, learned Standing Counsel for the respondents submits that it is not possible to admit the petitioner in Class II, since the strength has exceeded even the margin that is given for accommodating students under Special Dispensation Quota. But petitioner can be admitted to Class III. This shall be done within one week from today. But the petitioner shall be permitted to continue in Class III only if Ext.P1 is suitably amended by the competent authority. This shall be done within one month from today. Continuance of the petitioner beyond the period of one month will be subject to an order suitably modifying Ext.P1 being issued. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/