IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 23804 of 2011(A) ---------------------------------------- PETITIONER(S): --------------------- SALEEMA BEGAM. A., THADATHIL HOUSE, THENNALA P.O., MALAPPURAM DISTRICT-676 511. BY ADV. SRI.P.YADHU KUMAR RESPONDENT(S): -------------------------- 1. THE PRINCIPAL, KENDREEYA VIDYALAYA, U.P. HILL P.O., MALAPPURAM DISTRICT. 2. DEPUTY COMMISSIONER (ACAD), KENDREEYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110 016. 3. ASSISTANT COMMISSIONER, KVS RO, IIT CAMPUS, CHENNAI-36. BY ADV. SRI.V.V.ASOKAN, SC, KENDRIYA VIDYALAYA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23804 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXHIBITS-P1 . TRUE COPY OF THE REPRESENTATION SUBMITTED TO 1ST RESPONDENT DATED 3.8.2011. EXHIBITS-P2 . TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 13.06.2011. EXHIBITS-P3 . TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 27/7/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23804 of 2011 A ``````````````````````````````````````````````````````````` Dated this the 14th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner's son applied for admission to the 8th standard at the Kendriya Vidyalaya, Malappuram. That was refused on the ground that in the two divisions of 8th standard, as against the permissible limit of 40 students each, there are 101 students. It is challenging the said decision of the respondents this writ petition is filed. 2. Case of the petitioner is that when the respondents can exceed the limit of 80 and admit 101 students, there is no reason why the petitioner's child alone shall be declined admission. 3. Counter affidavit has been filed by the respondents. According to the respondents, the strength of each class is 40 and that in the two divisions they have already admitted 101 students. It is also stated that the W.P.(C) No.23804/2011 : 2 : excess strength was because of accommodating students under Rule 8 of the Guidelines for Admission to Kendriya Vidyalayas. 4. Admittedly, the strength of each of the class is 40 and there are 101 students. Thus, there is already an excess of 21 students. That excess admission is sought to be justified by the respondents by relying on Rule 8 of the said Guidelines. Rule 8 provides the special provisions permitting admission of the students belonging to the various categories included therein and the Rule says that such admission shall be in addition to the class strength as permissible under clause 2 of the said Guidelines. In compliance of the said Rule, if admission has been granted, it cannot be contended that such admissions are excess admissions justifying admission of still more students. 5. From the facts, it is obvious that the school has already admitted maximum number of students. In such a case, the stand taken by the respondents to decline W.P.(C) No.23804/2011 : 3 : admission to the petitioner's child cannot be said to be illegal warranting interference. Writ petition fails and accordingly, it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/14/11 // True Copy // P.A. To Judge