IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 16545 of 2008(T) ------------------------------------ PETITIONER(S): PETITIONER ------------------------- SREE LAKSHMI.P, AGED 10 YRS, REP. BY FATHER & GUARDIAN - K.M. PRABHAKARAN NAIR, AGED 45 YEARS, NIRMALLYAM, MELEMADAM, WANDOOR. BY ADV. SRI.N.NAGARESH SRI.T.V.VINU RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, WANDOOR. 3. NATIONAL INSTITUTE OF OPEN SCHOOLING, (FORMERLY NATIONAL OPEN SCHOOL), MINISTRY OF HRD, GOVT. OF INDIA, REP. BY ITS REGIONAL DIRECTOR, REGIONAL OFFICE, MAMANGALAM, KOCHI. 4. HEADMASTER, GOVT. GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL, WANDOOR. ADV. SRI.THOMAS J.ANAKKALUNKAL,CGC FOR R3 SRI.T.K.VENUGOPALAN FOR R3 GOVT. PLEADER SRI. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16545/2008 T APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE PROVISIONAL TC ISSUED BY THE HEADMISTRESS, GURUKULAM VIDYANIKETHAN. EXT.P2. COPY OF THE ACCREDIATION CERTIFICATE DT. 28/3/00, BY THE R3. EXT.P3. COPY OF THE LETTER NO. F. 3-11/2002/EGS-1 DT. 11/12/2002, OF THE DIRECTOR, MINISTRY OF HRD. GOVT. OF INDIA. EXT.P4. COPY OF THE GO RT NO. 2596/2003/G.EDN DT. 7/7/2003 OF THE R1. EXT.P5. COPY OF THE LETTER DT. 19/4/2008 SENT BY THE SECRETARY, BHARATIYA VIDYANIKETHAN TO THE R3. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.Ravindran, J. ================== W.P.(C) No.16545 of 2008 ===================== Dated this the 27th day of February, 2009. JUDGMENT Heard Sri. N.Nagaresh, the learned counsel appearing for the petitioner, Sri.T.T.Muhamood, the learned Government Pleader appearing for respondents 1, 2 and 4 and Sri. T.K.Venugopalan, the learned counsel appearing for the third respondent. 2. The petitioner was a former student of Gurukulam Vidya Nikethan, Wandoor, a school affiliated to Bharatheeya Vidyanikethan, an accredited agency of the third respondent. Thereafter, she sought admission to the 5th Standard in the Government Girls Vocational Higher Secondary School, Wandoor. According to the petitioner, the third respondent issued Transfer Certificate only in the month of June and therefore, she was not in a position to produce the Transfer Certificate issued by the third respondent before the fifth respondent. She however produced the Transfer Certificate issued by the Gurukulam Vidyanikethan, Wandoor where she underwent studies in the 4th Standard. Relying on Rule 6 of Chapter VI of the Kerala Education Rules, the fourth respondent declined to admit the petitioner to the 5th Standard. This Writ Petition was thereupon filed on 3.6.2008 and it came up for admission on 4.6.2008. On that day, while admitting the Writ Petition, this Court passed an interim order directing the fourth respondent to WP(C) 16545/08 -: 2 :- provisionally admit the petitioner in the 5th Standard accepting the Transfer Certificate issued by the Gurukulam Vidyanikethan evidenced by Ext.P1. This Court also ordered that the petitioner's admission will be provisional and subject to the result of the Writ Petition. The petitioner was also directed to produce the Transfer Certificate issued by the third respondent within a period of two months from 4.6.2008. 3. The learned counsel appearing on both sides submit that the petitioner has produced the Transfer Certificate issued by the third respondent within the aforesaid period of two months before the fourth respondent. In view of the said fact, I am of the opinion that no further orders are called for in this Writ Petition except to direct that the admission of the petitioner to the 5th Standard in the fourth respondent's school shall be treated as regular and she shall be permitted to appear for the examination as a regular student duly admitted to the 5th Standard. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 15/3