IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 31261 of 2009(C) --------------------------------------- PETITIONER(S): ------------------------- H.HRISHEKESH PRABHAKAR,MINOR AGED 9 YEARS. REPRESENTED BY HIS FATHER PRABHAKARAN HEBBAR ILLATH,S/O.H.LAKSHMI NARAYANAN,P.O.PANAPUZHA, VIA.M.M.BAZAR,KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. THE ASSISTANT COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN,ST.JOHN'S ROAD, KENDRIYA VIDYALAYA SANGATHAN,NEAR KAMRAJ ROAD, BANGLORE-42. 2. THE PRINCIPAL, KENDRIYA VIDYALAYA SANGATHAN, PAYYANNUR-670 307,KANNUR DISTRICT. R1 & R2 BY ADV. MR.V.V.ASOKAN, SC.KENDRIYA VIDYALAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N. RAVINDRAN,J. --------------------------- W.P.(C).NO.31261 OF 2009 --------------------------- DATED THIS THE 11TH DAY OF NOVEMBER, 2009 JUDGMENT The petitioner's father was formerly working as Hindi Officer in Geological Survey of India. He was stationed in the State of West Bengal. The petitioner's father got employment as Lecturer in Hindi in State service. He was thereupon relieved from the Geological Survey of India and he joined duty as Lecturer in Hindi in Government College, Kasaragod on 26/10/2009. The petitioner, who was then studying in the Vth standard at Ballygunje Kendriya Vidyalaya, got a Transfer Certificate with a view to cotinue his studies in the State of Kerala. Thereafter, the petitioner's father met the first respondent and sought admission in the Vth Standard in the Kendriya Vidyalaya at Edat, Payyannur. 2. This writ petition is filed claiming admission for the petitioner in the Vth standard in Kendriya Vidyalaya at Edat, -2- W.P.(C).No.31261/2009 Payyannur. It is stated that the petitioner and his parents are residing at Payyanur and that unless the petitioner is given admission in the Kendriya Vidyalaya at Edat, Payyannur, he will be put to serious prejudice. 3. A statement has been filed by the learned standing counsel appearing for the Kendriya Vidyalaya Sangathan. Relying on the admission guidelines it is contended that the petitioner's father does not come within the preferential category and that the petitioner is not entitled to get admission in Kendriya Vidyalaya. However, it is conceded that the Kendriya Vidyalaya Sangathan is willing to admit the petitioner either in Kendriya Vidyalaya No.1or Kendriya Vidyalaya No.II at Kasaragod. It is stated that in Kendriya Vidyalaya No.1, Kasaragod the student strength in the Vth standard is only 29 while in Kendriya Vidyalaya No.II there are two divisions in Vth Standard, i.e. VA and VB, the student strength being 45 and 44 respectively. It is stated that taking a lenient view, though the petitioner is not -3- W.P.(C).No.31261/2009 eligible for admission, his father was informed that the petitioner will be admitted in any one of the Kendriya Vidyalayas at Kasaragod. As regards the petitioner's claim for admission in the Kendriya Vidyalaya at Edat, Payyannur, it is stated that one of the Kendriya Vidyalayas is functioning in the Naval Academy at Ezhimala. It is also stated that in Kendriya Vidyalaya, Edat at Payyannur there are three divisions, i.e. VA, VB and VC with a student strength of 47, 51 and 51 respectively while at Ezhimala the student strength is only 42. Relying on the admission guidelines it is contended that as the permissible student strength has been exceeded in the Kendriya Vidyalaya, Edat at Payyannur, the petitioner can be given admission, if he is willing to take a seat in Kendriya Vidyalaya, Ezhimala where the student strength in Vth Standard is only 42. 4. As noticed earlier, petitioner's father is presently employed as Lecturer in Government College, Kasaragod and he is residing in Payyannur, which is about 60 kms. away from -4- W.P.(C).No.31261/2009 Kasaragod. The petitioner's contention is that if he is not given admission in Kendriya Vidyalaya, Edat at Payyannur, he will be forced to travel to Kasaragod or to Ezhimala which is approximately 45 kms. away from Payyannur. The petitioner contends that as students have been admitted in excess of the permissible student strength in Standards VA, VB and VC of Kendriya Vidyalaya, Edat at Payyannur, the respondents cannot be heard to contend that he cannot be given admission in the Kendriya Vidyalaya at Edat, Payyannur. The learned counsel for the petitioner submits that as the student strength in Standard VA is 47 and in standards VB and VC is 51 and the student strength in Standard VA is less than that of standards VB and VC, the respondents can very well accommodate the petitioner in Standard VA, where the student strength is only 47. 5. The learned standing counsel appearing for the Kendriya Vidyalaya Sangathan submits that it was applying Article 7 of the admission guidelines that the student strength -5- W.P.(C).No.31261/2009 was enhanced from 40 to 47 and from 40 to 51 in the respective divisions. He submits that such enhanced intake was made for admitting students, who are entitled to admission under the special dispensation scheme and that the petitioner does not fall in the said category. 6. From the pleadings and the submissions made at the Bar it is evident that the petitioner is not willing to join the Kendriya Vidyalaya at Kasaragod. The petitioner seeks admission in the Kendriya Vidyalaya, Edat at Payyannur rather than in the Kendriya Vidyalayas at Ezhimala or at Kasaragod for the reason that if he is given admission in either of the two schools, he will have to travel a long distance thereby causing serious inconvenience and to him. It is also evident from the pleadings and the submissions made at the Bar that till date these grievances have not been put forward in the form of a representation either before the first respondent or the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi. In -6- W.P.(C).No.31261/2009 my opinion, it is for the authorities to apply their mind to the claims and contentions of the petitioner in the first instance. The Petitioner's father was transferred only during the 3rd week of October, 2009. The petitioner ought to have approached the first respondent or the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi by submitting a proper representation seeking admission in Kendriya Vidyalaya, Edat at Payyannur. The petitioner has rushed to this Court, instead of submitting a representation before the competent authorities. In such circumstances, I dispose of the writ petition with a direction that if the petitioner's father files a representation before the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, the said authority shall consider the same and take a decision thereon expeditiously and in any event, within ten days from the date of receipt of such representation. The said authority shall while considering the said representation, consider whether as a one time measure and without creating a precedent, -7- W.P.(C).No.31261/2009 the petitioner can be accommodated in Kendriya Vidyalaya, Edat at Payyannur, in view of the fact that the student strength in standard VA is only 47 while in Standards VB and VC it is 51. P.N.RAVINDRAN, JUDGE. kcv.