IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 22923 of 2008(D) -------------------------- PETITIONER: --------------- M.C.GOURI, MANAGER, AIDED U.P.SCHOOL, PERINKULAM, ALATHUR, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. STATE OF KERALA, REP. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ==================== W.P.(C) NO. 22923 OF 2008 (D) ===================== Dated this the 23rd day of October, 2008 J U D G M E N T Petitioner is the manager of a U.P.School. 2. According to the petitioner, she had to admit 16 students listed in Ext.P5, who did not produce certificate of extract from the register of births, along with the application in form No:3 at the time when they were admitted in Standard V. It is stated that in view of the absence of the above certificate, declarations were filed by the parents as contemplated in Rule 1 of Chapter VI KER and it was thereupon that such admissions were granted. However, when the AEO inspected the School, he held the admissions to be irregular acting upon Ext.P1, the Government Order dated 29.1.2004. On that basis, the AEO has not issued the staff fixation order and it is with this complaint the writ petition has been filed. 3. Counsel for the petitioner submits that so long as Chapter VI provides for admission based on a declaration by parent or guardian, it is impermissible for the authorities including the AEO to hold the admissions to be irregular. Counsel also relies on Exts.P2 and P3 judgments rendered by this Court in support of this proposition. 4. In the circumstances mentioned in Rule 1 of Chapter VI KER, WPC No: 22923/08 :2 : admission can be granted based on a declaration by the parent or guardian. So long as the rule remains so in the statute book, it is not permissible for the Government to over-ride the same by resort to administrative instructions. This position, in the light of the very rule has been accepted by this Court in Exts.P2 and P3 judgments. Therefore, if the AEO has held that admission granted acting upon a declaration as contemplated in Rule 1 of Chapter VI KER to be irregular, such action of the AEO cannot be approved. Consequently if he has declined to issue the staff fixation order, that also cannot be accepted. 5. Writ petition is therefore disposed of with the following directions:- a) That it will be open to the Manager to produce before the AEO the declarations on the basis of which the admission of students mentioned in Ext.P5 have been granted. b) On such production, the AEO shall examine the same and verify whether the declarations produced satisfy the requirements of Rule 1 Chapter VI KER and if he is satisfied that the declarations are proper, he shall treat the admissions regular and issue staff fixation order. Petitioner may produce a copy of this judgment along with a copy of WPC No: 22923/08 :3 : the writ petition before the 1st respondent, and thereupon the AEO shall, at any rate dispose of the matter within four weeks thereafter. ANTONY DOMINIC, JUDGE jj