IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 18658 of 2008(U) -------------------------- PETITIONER: ---------------------- YEDUKRISHNA KARNAVAR,MINOR,AGED 10 YEARS REPRESENTED BY HIS FATHER AND GUARDIAN, JAYADEVA KARNAVAR,MOHANAVILASAM, KANDALLOOR NORTH,PATTOLI MARKET P.O., KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN SMT.SURYA SASI RESPONDENTS: ------------------------ 1. NAVODAYA VIDYALAYA SAMITI, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF INDIA,A-28,KAILASH COLONY, NEW DELHI. 2. DEPUTY DIRECTOR,NAVODAYA VIDYALAYA SAMITI,HYDERABAD REGIONAL OFFICE, H.NO.1-1-10/3,SARDAR PATEL ROAD, SECUNDERABAD-500 003, ANDHRA PRADESH. 3. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, CHENNITHALA P.O.,ALAPPUZHA,KERALA. BY ADV. SRI.P.K.VIJAYAMOHANAN FOR R2 & 3 SRI.C.UNNIKRISHNAN, CGC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 18658 of 2008 ================== Dated this the 15th day of July, 2008 J U D G M E N T The petitioner approached this Court when he was denied admission to the 3rd respondent's school. On a self estimation the petitioner considered himself to be better than other candidates who appeared in the entrance test. Finding that the petitioner was not included in the list of admitted candidates, he approached this Court, seeking the following reliefs: “i. issue a writ in the nature of certiorari or other appropriate writ, direction or order, calling for the records leading to Exhibit P5 prospectus and quashing clause (b) and (d) thereof. ii. issue a writ in the nature of certiorari or other appropriate writ, direction or order, calling for the records leading to Exhibit P8 and quash the same. iii. issue a writ in the nature of mandamus or other appropriate writ, direction or order directing the respondents to re-evaluate the answer paper of the petitioner for the test for which he appeared on the basis of Exhibit P6 Admit Card and to re-total the marks obtained by him.” 2. Of course earlier in spite of a request made by the petitioner, the marks scored by the petitioner were not intimated to the petitioner. Therefore, I directed the learned Standing Counsel appearing for the respondents to produce the marks of w.p.c.18658/08 2 the candidates. A counter affidavit has been filed producing the mark list as well as the rank list. The petitioner does not now dispute that, going by the marks obtained by him, he is not eligible for selection. Therefore, the petitioner now confines his prayer for a direction to consider the question of further admission if any vacancy arises on account of any admitted candidates not joining, strictly in accordance with the merit based on the marks obtained. I have no reason to hold that the respondents would make admission other than in accordance with the merit even in respect of vacancies which may arise in future. With the above observation, this writ petition is disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.18658/08 3