AISWARIYA S. SHANKAR (MINOR) through natural guardian and father Sivasankaran Nair v. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Kadavathra, Ernakulam; 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 No.2, INS Dronacharya, Kochi; Principal Kendriya Vidyalaya Kadavathara, Kochi; Principal Kendriya Vidyalaya NAD, Aluva; Secretary, Ministry of Human Resources Development, Government of India.

**CR** IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 24TH DAY OF OCTOBER 2014/2ND KARTHIKA, 1936 ## **W. A.No. 1487 of 2014 (I) IN WP(C).14488/2014** AGAINST THE JUDGMENT IN WP(C) 14488/2014 DATED 28-08-2014 APPELLANT: AISWARIYA.S. SHANKAR(MINOR) AGED 7 YEARS REPRESENTED BY HER NATURAL GUARDIAN AND FATHER SIVASANKARAN NAIR, ODANPALLIPARAMBIL HOUSE CHECKKANAD, THOPPUMPADY, KOCHI-682 005. BY ADV. SRI.A.G.BASIL RESPONDENTS: 1. DEPUTY COMMISSIONER, KENDRIYA VIDYALAYA SADANAM, REGIONAL OFFICE, KADAVANTHRARA ERNAKULAM, KOCHI-682 020. ## 2. THE PRINCIPAL KENDRIYA VIDYALAYA, PORT TRUST, WILLINGDON ISLAND KOCHI-682 203. 3. THE PRINCIPAL KENDRIYA VIDYALAYA, NO.1, NAVAL BASE KOCHI-682 004. 4. THE PRINCIPAL KENDRIYA VIDYALAYA, NO.2, NAVAL BASE KOCHI-682 004. 5. THE PRINCIPAL KENDRIYA VIDYALAYA, NO.2, INS DRONACHARYA KOCHI-682 004. 6. THE PRINCIPAL KENDRIYA VIDYALAYA, KADAVNATHARA, KOCHI-682 020. WA 1487/2014 2 ## 7. THE PRINCIPAL KENDRIYA VIDYALAYA, NAD, ALUVA PIN-686 101. ## 8. THE SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT GOVERNMENT OF INDIA, NEW DLEHI-110 001. R8 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY SRI. K.I. MAYANKUTTY MATHER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **C.R.** **THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ. ========================== W.A. No. 1487 of 2014 ========================== Dated this the 24[th] day of October, 2014** ## **JUDGMENT** ## **Thottathil B. Radhakrishnan, J.** We have heard the learned counsel for the appellant. Under challenge is the judgment of the learned single Judge refusing to issue a direction in writ jurisdiction to admit the petitioner in any one of the schools under the Kendriya Vidyalaya Sangathan. 2. The petitioner aged around seven years applied for admission to Kendriya Vidyalaya, Cochin Port Trust. That was not acceded to. 3. Kendriya Vidyalaya Sangathan maintains a particular modality of admission in consonance with the object sought to be achieved by the constitution of Kendriya Vidyalaya Sangathan and establishment of WA 1 487/2014 2 schools by it. Top priority is granted to the children of Central Government and Public Sector Undertakings employees who are likely to be transferred within a particular time frame. The remaining seats will come down ultimately even to those children whose parents are not even Government servants. 4. The insistence of the petitioner is that in terms of Article 21A of the Constitution of India and Section 3 of the Right of Children to Free and Compulsory Education Act, 2009, hereinafter referred to as the 'Act', the petitioner ought not to be denied admission in any school of her choice or the parents' choice. Adv. Basil Attipetty, dilating on the scope of the right to education incorporated as a particular fundamental right as per Article 21A of the Constitution of India and Section 3 of the Act, argued that if establishments like Kendriya Vidyalaya Sangathan are given freedom to classify the WA 1 487/2014 3 children on the basis that it now does, that would amount to permitting a lottery to operate in defeasance of the constitutional provision and the statute. Reference is made by the learned counsel to the decision of the Delhi High Court in **Jatin Singh v. Kendriya Vidyalaya Sangathan** (2013 KHC 2024). 5. At the outset, we may note that the question decided by the Delhi High Court in **Jatin Singh** ( _supra_ ) was as to whether a rule of communal reservation in favour of Scheduled Castes and Scheduled Tribes could be made from among those seats reserved for children belonging to economically weaker sections and disadvantaged groups in terms of Section 12(1)(c) of the Act. The answer given by the Delhi High Court to that issue has no bearing on the point arising for decision in this case. WA 1 487/2014 4 6. Section 3(1) of the Act provides that every child of the age group of 6 to 14 years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary school. The object sought to be achieved by that provision is to effectuate Article 21A of the Constitution of India, thereby ensuring that a school is available in the neighbourhood and free and compulsory education in a neighbourhood school is available to every child of the age group to which that statute applies. This provision, in no manner, gives a right to the child or parent to pick and choose a particular school which falls under Section 12 of the Act except to the extent provisions are made in that provision. The school's responsibility for free and compulsory education is governed by Section 12 of the Act. Section 12(1)(c) provides the extent to which provisions have to be made in favour of the weaker sections, disadvantaged groups WA 1 487/2014 5 etc. The right to free and compulsory education in a neighbourhood school does not include the right to insist anything beyond what is provided in Section 12 of the Act. 7. In the aforesaid view of the matter, we do not find any illegality or error in the judgment of the learned single Judge. This writ appeal, therefore, fails. In the result, this writ appeal is dismissed _in limine._ Sd/- **THOTTATHIL B. RADHAKRISHNAN JUDGE** Sd/- **BABU MATHEW P. JOSEPH JUDGE** ks. True copy P.S.to Judge WA 1 487/2014 6