IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 W.A.No.1427 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).15141/2008 DATED 20/06/2008 .................... APPELLANT: PETITIONER:- ------------------------------------- D.DEVADASAN, GS NO. 156521 P, STENO GRADE II, HEADQUARTERS 21 BORDER ROADS TASK FORCE, C/O 56 APO, PERMANENT RESIDENT OF DEVI NIVAS, PUTHIYAVILA NORTH, KAREELAKULANGARA P.O., ALAPPUZHA DISTRICT, (FATHER AND NATURAL GUARDIAN OF DEVI DAS, STUDENT STD.VI, KENDRIYA VIDYALAYA). BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: RESPONDENTS:- ------------------------------------------------ 1. THE KENDRIYA VIDYALAYA SANGATAN (KVS), REPRESENTED BY THE COMMISSIONER, KVS, 18, INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI 110 602. 2. THE ASST. COMMISSIONER, KVS, CHENNAI ZONE, REGIONAL CAMPUS, IIT CAMPUS, ADAYAR, CHENNAI-36 3. THE PRINCIPAL, KENDRIYA VIDYALAYA NTPC, CHEPPAD, KAYAMKULAM, ALAPPEY DISTRICT. 4. THE MANAGING DIRECTOR, NTPC, KAYAMKULAM. W.A.No.1427 of 2008 -2- 5. C.M.KURUP, PRINCIPAL, KENDRIYA VIDYALAYA NTPC, CHEPPAD, KAYAMKULAM, ALEPPEY DISTRICT. R1 TO R3 & R5 BY STANDING COUNSEL SRI.V.V.ASOKAN . SRI.SRI.MAYANKUTTY MATHER R4 BY ADV. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND SMT.LATHA KRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.A.No.1427 of 2008 --------------------------------------------- Dated, this the 18th day of July, 2008 JUDGMENT H.L.Dattu,C.J. In the writ petition filed, the petitioner had sought for a direction to the respondents to admit his daughter in Kendriya Vidyalaya at Kayamkulam. In the petition, it is stated that the petitioner is a Central Government employee and he is transferred to a place where there is no educational facility. It is stated, that, by Exhibit P5 he has applied to Kendriya Vidyalaya, Chennai Region for permitting his daughter to be admitted at Kendriya Vidyalaya, N.T.P.C., Kayamkulam, as he has been transferred to a place where facility for family accommodation is not available and also that his wife is bed-ridden. Taking into consideration the application filed by the petitioner, where he had given an alternative request to the school authorities either to admit his ward in Kendriya Vidyalaya at Kayamkulam or in the alternative, in Kendriya Vidyalaya at Adoor, the respondents have admitted the petitioner's ward in Kendriya Vidyalaya at Adoor. 2. The complaint in the writ petition is that though the petitioner's ward is eligible for admission in Kendriya Vidyalaya at Kayamkulam, the respondents have not admitted the petitioner's ward there, solely on the ground that the Class strength is restricted to 40 students only. W.A.No.1427 of 2008 - 2 - 3. When the matter was posted before us on the previous occasion, a statement had been made by Sri.R.Rajasekharan Pillai, learned counsel appearing for the appellant, that, the records maintained by the respondents would reveal that the contention of the respondents that the strength of students is restricted to 40 in each Class is incorrect and, therefore, a direction may be issued to the respondents to produce the Admission Registers of the students in each class in the school, from Standards V to X for the current academic year and verify the correctness or otherwise of the said statement. 4. Pursuant to the direction so issued by us, the respondents have produced the Admission Register. A perusal of the same would reveal that in some classes there is admission of more than forty students. That, by itself, would not entitle the ward of the petitioner to get admission in Kendriya Vidyalaya at Kayamkulam. 5. Admittedly, Exhibit P5 request has been made by the petitioner and in that had given two alternatives - firstly, an admission in Kendriya Vidyalaya at Kayamkulam and if, for any reason, the same is not possible, at least an admission may be given in Kendriya Vidyalaya at Adoor. The respondents, keeping in view the request made by the petitioner, has accommodated the petitioner's ward at Kendriya Vidyalaya, Adoor. 6. Having given the request to admit the student at Kendriya W.A.No.1427 of 2008 - 3 - Vidyalaya, Kayamkulam or in the alternative at Kendriya Vidyalaya, Adoor, and having got the admission at Kendriya Vidyalaya, Adoor and, further, having admitted the student in the Kendriya Vidyalaya at Adoor, in our opinion, the petitioner was not justified in requesting this Court for the reliefs indicated by us in the earlier paragraphs of our order. 7. In view of the above, in our view, the learned Single Judge was justified in rejecting the writ petition at the admission stage itself. We do not find any good reason to interfere with the said orders passed by the learned Single Judge. Therefore, the Writ Appeal requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-