IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 19977 of 2008(C) ------------------------------------ PETITIONER(S): ---------------------- 1. K. GOPAKUMAR, MANAGER, HIGH SCHOOL, KUTHANUR, KUTHANUR.P.O, PALAKKAD DT. 2. R. RADHA, MANAGER, KSB SCHOOL, KARIPOD.P.O, KARIPOD, PALAKKAD DT. * 3. T.P. BHASKAR, MANAGER, MGLP SCHOOL, M. PUDUR, GOVINDAPURAM.P.O, KOZHIKODE DT. *THE DISTRICT IN WHICH THE SCHOOL OF THE THIRD PETITIONER IS SITUATED IS CORRECTED AS PALAKKAD DISTRICT VIDE ORDER DTD. 15.7.2008 IN IA. NO.8785/2008. BY ADVS. SRI.P.K.SURESH KUMAR SMT.P.S.SHEEJA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. R1 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1997/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GO(RT) NO.484/2004 G.EDN. DTD. 29.1.2004 ISSUED BY GENERAL EDUCATION (G) DEPARTMENT, GOVT. OF KERALA. P2:- COPY OF THE JUDGMENT DTD. 6.7.06 IN WPC. 16197/2005 PASSED BY THIS HONOURABLE COURT. P3:- COPY OF THE LIST OF STUDENTS ADMITTED IN THE IST PETITIONER'S SCHOOL IN THIS YEAR WITHOUT BIRTH CERTIFICATE. P4:- COPY OF THE LIST OF STUDENTS ADMITTED IN THE 2ND PETITIONER'S SCHOOL IN THIS YEAR WITHOUT BIRTH CERTIFICATE. P5:- COPY OF THE LIST OF STUDENTS ADMITTED IN THE 3RD PETITIONER'S SCHOOL IN THIS YEAR WITHOUT BIRTH CERTIFICATE. TRUE COPY P.A.TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.19977 Of 2008 ----------------------------------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2010 J U D G M E N T The petitioners are Managers of aided schools. They are aggrieved by the direction issued by the Government as per Exhibit P1 that birth certificates issued from the local bodies will be compulsory for school admission from the academic year 2004-05 onwards. It is contended that in the light of Rule 1 of Chapter VI, in the absence of a certified extract from the Registrar of Births, a declaration from the parent/guardian shall be accepted. It is therefore contended that the insistence in Exhibit P1 runs against the stipulations in the Rule. Reliance is placed on Exhibit P2 judgment of this Court in W.P.(C) No.16197/05. The petitioners have also stated that various students have been admitted in the school after obtaining declarations made through parents regarding their date of birth and unless the said admissions are recognised, it may cause difficulties for them also. 2. The issue is covered in favour of the petitioner as per the judgment, Exhibit P2. This Court held that “as long as Rule 1 W.P.(C)No.19977/08 -2- of Chapter VI KER is not amended, the petitioner is entitled to admit students in her School in the light of the provisions of the said Rule. The admission of such students shall be treated as regular and they shall also be reckoned for the purpose of staff fixation.” 3. In the light of the above, Exhibit P1 cannot be sustained. What is emphasised in Exhibit P1 is a need to make the production of such birth certificate compulsory. But, since the provisions of the KER remains as such, the Government cannot issue any circular varying with the statutory scheme, even though the object sought for is laudable. 4. In that view of the matter, the Writ Petition is allowed. There will be a direction to the respondents to treat the admissions of the students contained in Exhibits P3 to P5 as regular and they will also be reckoned for the purpose of staff fixation. The Writ Petition is allowed as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn