IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 18630 of 2008(P) -------------------------- PETITIONER: --------------- MINOR SANDRA P.S., AGED 11 YEARS, REPRESENTED BY MOTHER AND NATURAL GUARDIAN, SMITHA M.S., AGED 32 YEARS, W/O. PANDATH SUGATHAKUMAR, VALAPPAD VILLAGE, KAZHIMBRAM P.O. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------------ 1. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, MAYANNUR, THRISSUR DISTRICT. 2. SUPERINTENDENT IN CHARGE, ADMISSION COMMITTEE, JAWAHAR NAVODAYA VIDYALAYA, MAYANNUR, THRISSUR. 3. THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERARY, GOVERNMENT OF INDIA, NEW DELHI. BY ADV. SRI.P.K.VIJAYAMOHANAN FOR R1 & 2 SRI.S.KRISHNAMOORTHY, CGC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.18630/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF BROCHURE OF LEMER PUBLIC SCHOOL, THRIPRAYAR. EXT.P2: COPY OF CONDUCT CERTIFICATE OF THE PETITIONER'S DAUGHTER ISSUED BY LEMER PUBLIC SCHOOL. EXT.P3: COPY OF ADMIT CARD ISSUED TO THE PETITIONER'S DAUGHTER. EXT.P4: COPY OF ADMISSION FORM SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE TRANSFER CERTIFICATE COUNTER SIGNED BY THE ASSISTANT EDUCATIONAL OFFICER WITH REGARD TO ANOTHER STUDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE PROSPECTUS FOR JAWAHAR NAVODAYA VIDYALAYA SAMITI TEST 2008. EXT.R1(b): COPY OF THE CIRCULAR COMMUNICATION NO.2-2(vi) ADMN/NVS(HR) 2008-09/820 FROM THE NAVODAYA VIDYALAYA SAMITI HYDERABAD. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.18630 of 2008 ================== Dated this the 24th day of July, 2008. J U D G M E N T The petitioner is a minor represented by her mother and guardian. The petitioner is seeking admission to 6th standard in the 1st respondent's school. Admission was not granted on the ground that the petitioner has not studied in any recognised school. The petitioner submits that even if the petitioner has not studied in a recognised school, the petitioner is entitled to admission. A counter affidavit has been filed by the 1st respondent quoting the provisions of the prospectus as well as the circular issued by the Navodaya Vidyalaya Samiti, which would go to show that a candidate is entitled to admission only if the school in which the candidate had studied previously is a recognised school as stipulated therein. Admittedly, the same is not the case of the petitioner. That being so, the petitioner is not entitled to the admission sought for. Accordingly, this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs