IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 21532 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. K.V.RAMESH, KANNAMPARAMBIL HOUSE, KODUNGALLUR, KAIPAMANGALAM VILLAGE, POST KAIPAMANGALAM POST-680 681, REPRESENTING HIS MINOR SON RADHUL K. RAMESH. 2. T.K.MOHAMMED SHUKKOOR, KANNEZHUTH HOUSE, KODUNGALLOR, SREENARAYANAPURAM VILLAGE, SANTHIPURAM P.O.-680668 REPRESENTING HIS MINOR DAUGHTER DHUAVA PARVEEN. 3. T.K.SURESH BABU, THALASSERY HOUSE, KODUNGALLOOR TALUK, KAIPAMANGALAM VILLAGE, P.O.KOORIKKUZHY, REPRESENTING HIS MINOR DAUGHTER SRUTHY SURESH. 4. O.M.MUSTHAFA, OLICKAL HOUSE, PERINJANAM P.O., KODUNGALLUR TALUK, REPRESENTING HIS SON MOHAMED AJMAL SHA. 5. E.R.PREETHY, VALIYAPURACKAL HOUSE, P.O.CHULOOR, VIA VALAPAD, EDATHIRUTHY VILLAGE, REPRESENTING HER MINOR DAUGHTER CHAITHANYA HARIDAS. 6. C.S.A.KAREEM, CHOOLUKKARAN HOUSE, POST CHENTRAPPINNI, REPRESENTING HIS MINOR DAUGHTER SHIKHA KAREEM. 7. MEERA SURESH, VALIYAPASRAMBIL HOUSE, P.O.MATHILAKAM, PUNNAKKA BAZAR-680 685, REPRESENTING HER MINOR SON RISHWIN SURESH. 8. SUDHEER K.G., KOLLARA HOUSE, EDATHURUTHI - 680 703, REPRESENTING HIS MINOR DAUGHTER SNICE S KOLLARA. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE SRI.C.R.REKHESH SHARMA RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, SOUTHERN REGION, PLOT NO.1639-A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600 040, REPRESENTED BY ITS REGIONAL OFFICER. 2. S.N.EDUCATIONAL & CULTURAL SOCIETY REPRESENTED BY ITS PRESIDENT SUBRAHMANIAN, S/O.KOLLARA VELAYUDHAN, EDAMUTTAM VILLAGE & DESOM, KODUNGALLUR TALUK-680 568. 3. THE PRINCIPAL, S.N.VIDHYABHAVAN, SENIOR SECONDARY SCHOOL, CHENDRAPPINNI VILLAGE AND DESOM, KODUNGALLUR TALUK-680 568. ADV. SRI.TPM.IBRAHIM KHAN FOR R2 & 3 SRI.DEVAN RAMACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the order of injunction dated 18.12.2008 in O.S.No.568/2008 on the file of the Munsiff Court, Kodungallur. Ext.P2. True copy of Judgment dated 13.2.2009 in CMA.NO.3 OF 2009 on the file of the Principal Subordinate Judge, Irinjalakkuda. Ext.P3. True copy of the judgment dated 17.3.2009 in WP(c).No. 8536/2009. Ext.P4. True copy of the order dated 16.6.2010 in Contempt Court Case No.643/2010 Ext.P5. True copy of the Circular No.01 dated 29.7.2009 issued by the CBSE. // true copy // P.S to JUDGE ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.21532 OF 2010(N) -------------------------------------------------- Dated this the 17th day of September, 2010 J U D G M E N T The petitioners were students of the S.N. Vidhyabhavan Senior Secondary School, Chendrappinni village in Trissur District., Principal of which is the 3rd respondent. In this writ petition, their complaint was that they were denied application form for admission to the XIth standard. Considering the allegation raised in this writ petition this court passed a detailed order on 20th July 2010 directing the first respondent to conduct enquiry into the allegations regarding the eligibility of the petitioners and also their case that they were not supplied the application forms. It is stated that accordingly in pursuance to the said direction the first respondent conducted an enquiry. Thereafter order dated 26.8.2010 was passed, concluding as follows; “After hearing the petitioner, respondents 2 & 3 and perusal of all the documents submitted by the parties, it is not clear whether the petitioners have approached the School for admission form or not and whether they were denied by the school authorities or not. Further, the petitioner could not prove as to why they have not collected the admission form well in time. He also could not submit any proof regarding WPC.No.21532 /2010 :2 : his request for admission form or the request of other petitioners regarding the same. However, it is understood that the main dispute between the school and the petitioners arose on the issue of hike in fees during 2007-2008, 2008-2009 and the petitioners paid the fees as per the old rate as per the court's order issued in this regard only on 18.6.2010. At the same time, it is also clear that the school has not handled the issue of admission of Class XI as per rules/policy issued in this regard by the Board from time to time. Since, the three students have already taken their Transfer Certificate and moved out from the school, the respondent Nos. 2 and 3 are directed to issue admission form to the ward of the remaining five petitioners in the case (if they have not obtained admission in class XI in any other school) and consider their admission in Class XI as per the circulars issued by the Board in this regard from time to time. The compliance report should be submitted to this Regional Office within a week of receipt of this order. “ 2. A reading of the aforesaid report shows that apart from the 3 students who had secured admission in other schools, the remaining 5 students were to be supplied application forms and considered for admission to class XI. 3. It is now reported by the counsel appearing for respondents 2 and 3 that, in pursuance to the directions in the report application forms were supplied to the 5 students. However, it is pointed out that in view of the provisions contained in the CBSE examination bye laws, as the applications were submitted after 31st August, 2010, admission can be granted only WPC.No.21532 /2010 :3 : with the prior permission of the Chairman or the competent authority of the CBSe and therefore the application forms submitted by the 5 petitioners were forwarded to the Chairman, CBSE and before whom the matter is pending. 4. Since, as per the regulations of the CBSE, only with the prior permission of the Chairman or the competent authority of the CBSE, can the school grant admission to the students after 31st August, 2010 and that since respondents 2 and 3 have forwarded the applications to the Chairman, what is now required is that the Chairman of the CBSE should pass orders on the applications thus submitted 5. Therefore, the writ petition is disposed of directing the Chairman of the CBSE to pass orders on the applications submitted by the 5 among the petitioners seeking admission to the school mentioned above. This the Chairman shall do at any rate within 3 weeks of production of a copy of the judgment . A copy of the judgment shall be produced before the Chairman of the CBSE, who shall pass orders in the manner as directed above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.21532 /2010 :4 :