Aiswariya S. Shankar (minor) represented by her natural guardian and father, Sivasankar Nair v Deputy Commissioner, Kendriya Vidyalaya, Sadanam, Regional Office, Kadavathara, Ernakulam, Kochi, Principal, Kendriya Vidyalaya, Port Trust, Willingdon Island, Kochi, Principal, Kendriya Vidyalaya No.1, Naval Base, Kochi, Principal, Kendriya Vidyalaya No.2, Naval Base, Kochi, Principal, Kendriya Vidyalaya INS Dronacharya, Kochi, Principal, Kendriya Vidyalaya Kadavathara, Ernakulam, Principal, Kendriya Vidyalaya NAD, Aluva, Principal, Kendriya Vidyalaya NAD, Aluva, Kochi, and Secretary, Ministry of Human Resources Development, Government of India, New Delhi

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **THURSDAY, THE 28TH DAY OF AUGUST 2014/6TH BHADRA, 1936** ## **WP(C).No. 14488 of 2014 (I) -----------------------------------** ## **PETITIONER(S):** **----------------------** **AISWARIYA S. SHANKAR (MINOR), AGED 7, REPRESENTED BY HER NATURAL GUARDIAN AND FATHER, SIVASANKARAN NAIR, ODANPALLIPARAMBIL HOUSE, CHECKKANAD, THOPPUMPADY, KOCHI - 682 005.** **BY ADV. SRI.A.G.BASIL** **RESPONDENT(S):** - **-------------------------** **1. DEPUTY COMMISSIONER, KENDRIYA VIDYALAYA, SADANAM, REGIONAL OFFICE, KADAVANTHARA, ERNAKULAM, KOCHI - 682 020.** ## **2. PRINCIPAL,** - **KENDRIYA VIDYALAYA, PORT TRUST, WILLINGDON ISLAND, KOCHI - 682 003.** ## **3. PRINCIPAL,** ## **KENDRIYA VIDYALAYA NO.1, NAVAL BASE, KOCHI - 682 004.** **4. PRINCIPAL, KENDRIYA VIDYALAYA, NO.2, NAVAL BASE, KOCHI -682 004.** ## **5. PRINCIPAL,** ## **KENDRIYA VIDYALAYA, INS DRONACHARYA, KOCHI.** ## **6. PRINCIPAL,** ## **KENDRIYA VIDYALAYA, KADAVANTHARA, KOCHI -682 020.** **7. PRINCIPAL, KENDRIYA VIDYALAYA, NAD, ALUVA, PIN -683 101.** **8. SECRETARY,** - **MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA, NEW DELHI, PIN: 110 001.** **R1-R7 BY ADV. SRI.K.MAYANKUTTY MATHER, SC, R8 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-06-2014, ALONG WITH WPC. 15446/2014, COURT ON 28.8.2014, DELIVERED THE FOLLOWING:** **msv/** ## **WP(C).No. 14488 of 2014 (I)** ## **-------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -------------------------------------** - **EXT.P-1: TRUE COPY OF THE RECEIPT OF APPLICATION SUBMITTED BY PETITIONER'S FATHER FOR ADMISSION TO THE PETITIONER IN KENDRIYA VIDYALAYA, PORT TRUST, COCHIN DATED 18.2.2014.** - **EXT.P-2: TRUE COPY OF THE RECEIPT OF APPLICATION SUBMITTED BY PETITIONER'S FATHER FOR ADMISSION TO THE PETITIONER IN KENDRIYA VIDYALAYA NO.1, NAVAL BASE, KOCHI DATED 19.2.2014.** - **EXT.P-3: TRUE COPY OF THE RECEIPT OF APPLICATION SUBMITTED BY PETITIONER'S FATHER FOR ADMISSION TO THE PETITIONER IN KENDRIYA VIDYALAYA NO.2 NAVAL BASE, KOCHI DATED 19.2.2014.** - **EXT.P-4: TRUE COPY OF THE RECEIPT OF APPLICATION SUBMITTED BY PETITIONER'S FATHER FOR ADMISSION TO THE PETITIONER IN KENDRIYA VIDYALAYA INS DRONACHARYA, KOCHI DATED 19.2.2014.** - **EXT.P-5: TRUE COPY OF THE RECEIPT OF APPLICATION SUBMITTED BY PETITIONER'S FATHER FOR ADMISSION TO THE PETITIONER IN KENDRIYA VIDYALAYA, NAD, ALUVA DATED 11.2.2014.** - **EXT.P-6: TRUE COPY OF THE RECEIPT OF APPLICATION SUBMITTED BY PETITIONER'S FATHER FOR ADMISSION TO THE PETITIONER IN KENDRIYA VIDYALAYA, KADAVANTHARA, ERNAKULAM, DATED 11.2.2014.** - **EXT.P-7: TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE CORPORATION OF COCHIN.** - **EXT.P-8: TRUE COPY OF THE PROSPECTUS ISSUED BY KENDRIYA VIDYALAYA, NAD ALUVA WITH REGARD TO THE DETAILS OF KENDRIYA VIDYALAYA ADMISSION PROCEDURE.** **RESPONDENT(S)' EXHIBITS** **---------------------------------------** - **ANNEXURE R1(a) : TRUE COPY OF THE SELECT LIST AND WAITING LIST DRAWN BY KENDRIYA VIDYALAYA, KADAVANTHARA.** - **ANNEXURE R1(b) : TRUE COPY OF THE SELECT LIST AND WAITING LIST DRAWN BY KENDRIYA VIDYALAYA, NAD, ALUVA.** - **ANNEXURE R1(c) : TRUE COPY OF THE SELECT LIST AND WAITING LIST DRAWN BY KENDRIYA VIDYALAYA, INS, DRONACHARYA.** - **ANNEXURE R1(d) : TRUE COPY OF THE SELECT LIST AND WAITING LIST DRAWN BY KENDRIYA VIDYALAYA, NO.I, NAVAL BASE.** **Msv/** **-2-** **-2-** **WP(C).No. 14488 of 2014 (I) --------------------------------------** |**ANNEXURE R1(e) :**|**TRUE COPY OF THE SELECT LIST AND WAITING LIST DRAWN**| |---|---| ||**BY KENDRIYA VIDYALAYA, NO.II, NAVAL BASE.**| |**ANNEXURE R1(f) :**|**TRUE COPY OF THE SELECT LIST AND WAITING LIST DRAWN**| ||**BY KENDRIYA VIDYALAYA, COCHIN PORT TRUST.**| |**ANNEXURE R1(g) :**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE KENDRIYA**| ||**VIDYALAYA ADMISSION GUIDELINES, 2014.**| **/TRUE COPY/ P.S. TO JUDGE** **msv/** ## A.M. Shaffique, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 14488 & 15446 of 2014 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 28[th] day of August, 2014. ## J U D G M E N T W.P(C) No. 14488/2014 is filed by a minor represented by her guardian, seeking for a direction to the 1[st] respondent to admit her in any of the schools run by respondents 2 to 7. 2. The petitioner has submitted six applications to various schools of Kendriya Vidyalaya for admission to standard I. According to the petitioner, it is the obligation of the said schools to admit every child of the age of 6 to 14 years under the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act'). According to the petitioner, she resides at Thoppumpady and the 2[nd] respondent's school is not far away from the residence of the petitioner. She is even ready to join any of the schools in Ernakulam District. It is submitted that though application was given, no action was taken by the W.P(C) Nos. 14488 & 15446 of 2014 -: 2 :- respondents to admit the petitioner and therefore basing claim on Sections 3, 10 and 15 of the Act, this writ petition is filed. 3. A statement is filed by the standing counsel inter alia contending that the schools falling under specified category are not covered by Section 12(1)(a) and (b) of the Act on account of the definition to specified category schools as defined under Section 2 (p). That apart, it is contended that the petitioner is not a child belonging to the weaker section within the meaning of the Act and therefore the right for admission is not automatic. It is further stated that they have complied with the obligation to give admissions to 25% of the total strength to the students eligible for admission under the Act. 4. Additional affidavit is filed further indicating the the table disclosing the list of candidates admitted in Class I under the quota prescribed under the Act. It W.P(C) Nos. 14488 & 15446 of 2014 -: 3 :- is further indicated that the petitioner did not stake any claim for admission under the quota fixed under the Act. Therefore, she was not considered for admission under the quota and was considered only in the general quota. 5. W.P(C) No. 15446/2014 is filed by a similarly situated person, who also is a minor represented by his guardian and father, seeking for a direction for admission to any of the schools run by respondents 2 to 6 in Standard I. 6. Since both the cases relate to the similar issues, they are being decided by a common judgment. 7. In the additional affidavit filed on behalf of respondents 1 to 7 in W.P(C) No. 14488/2014, it is stated that the petitioner in W.P(C) No. 15446/2014 has sought for admission under the quota fixed under the Act. But, when a lot was taken for preparing the select list and waiting list, he was not lucky to get W.P(C) Nos. 14488 & 15446 of 2014 -: 4 :- himself enlisted in the select list or waiting list under the 25% quota. The lot was taken in all the schools in the presence of the parents who were present while taking lot and the date was notified sufficiently in advance to enable the parents to present while taking the lot. On this basis, it is contended that the petitioners cannot claim admission as a matter of right and there is no legal obligation on the part of the respondents to give admission. 8. Learned counsel for the petitioners relied upon the judgment of the Supreme Court in **Society for Unaided Private Schools of Rajasthan v. Union of India & Another** , (2012) 6 SCC 1 in order to contend that every child between the age of 6 to 14 years have a right to free and compulsory education in a neighbourhood school till completion of elementary education. Reference is also made to various provisions in the Act in order to emphasize the fact that every W.P(C) Nos. 14488 & 15446 of 2014 -: 5 :- children has a right to free and compulsory education and there is no justification on the part of the respondent authorities to have denied admission to children aforesaid. 9. A reference to the provisions of the Act and the obligation of the respondent schools will decide the controversy involved in the writ petitions. 10. Section 2(n) defines a school as under: “(n) “school” means any recognised school imparting elementary education and includes-- (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind W.P(C) Nos. 14488 & 15446 of 2014 -: 6 :- of aid or grants to meet its expenses from the appropriate Government or the local authority.” Specified category is further defined under Section 2(p) as under: “(p) “specified” category in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government.” Therefore, there cannot be any dispute that the respondents' schools come under specified category. 11. Section 3 of the Act would clearly indicate that every child of the age of 6 to 14 years, including a child referred to in clause (d) or clause (e) of Section 2, shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education. 12. Section 2(d) defines child belonging to W.P(C) Nos. 14488 & 15446 of 2014 -: 7 :- ## disadvantaged group, which reads as under: “(d) “child belonging to disadvantaged group means a child belonging to educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification.” ## Section 2(e) defines child belonging to weaker section, which reads as under: “(e) “child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower then the minimum limit specified by the appropriate Government, by notification.” Chapter IV of the Act describes the responsibility of schools and teachers. Section 12 relates to the extent of school's responsibility for free and compulsory education and sub section (1) of Section 12 narrates such responsibility of schools for the purpose of the Act. Section 12(1)(c) reads as under: W.P(C) Nos. 14488 & 15446 of 2014 -: 8 :- “ **12. Extent of school's responsibility for free and compulsory education** :- (1) For the purposes of this Act, a school, - (a) xx xx xx (b) xx xx xx (c) specified in sub-clauses (iii) and (iv) of Clause (n) of Section 2 shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary eduction till its completion: Provided further that where a school specified in Clause (n) of Section 2 imparts pre-school education, the provisions of Clauses (a) to (c) shall apply for admission to such pre-school education.” 13. Going by the aforesaid statutory provisions, it is clear that as far as the respondents' schools are concerned, they come under specified category in sub clause (iii) of Section 2(n) and therefore their obligation W.P(C) Nos. 14488 & 15446 of 2014 -: 9 :- is to admit in class I only 25% strength of that class. 14. As far as the petitioner in W.P(C) No. 14488/2014 is concerned, the learned counsel for the respondents had brought to the notice of this Court a copy of the application submitted in which admission is sought for under the general category. That apart, it is contended that they have already given 25% quota fixed under the Act to children in the neighbohood and belonging to weaker and disadvantaged section of the community. Materials are also produced before this Court as Annexures R1(a) to R1(f) and list of admission made to class I with reference to the 25% quota. 15. As regards the petitioner in W.P(C) No. 15446/2014, he was considered for selection to the 25% quota reserved for children coming under the provisions of the Act. It is also mentioned that selection was done in a transparent manner by taking lots and he was not successful in getting admission. W.P(C) Nos. 14488 & 15446 of 2014 -: 10 :- 16. Under these circumstances, when the respondents' schools have already provided necessary admission for children belonging to disadvantaged and weaker section of the community by giving free education as provided under Section 12(1)(c), I do not think that a direction can be issued to the respondents to give admission to the petitioners in the above cases. 17. The learned counsel for the petitioners further would submit that priority has to be given to children in the neighbourhood. 18. The respondents have clearly indicated that the process of selection by way of taking lots from the total number of applications received to fill up the quota under the Act. If such a method is adopted and the minimum number of students as specified under the Act have already been admitted, this Court cannot issue any further directions as the respondents' schools have already complied with the statutory W.P(C) Nos. 14488 & 15446 of 2014 -: 11 :- obligation under the Act. Under such circumstances, there being no merit in the writ petitions they are dismissed. A.M. Shaffique, Judge. Tds/