High Court of KeralaSingle Judge2022-01-31Writ petition allowed; no order as to costs.

Dev Nandh Anil v. State of Kerala and Others

Case / Petition Number:WP(C) NO. 1946 OF 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Murali Purushothaman Monday
Judgment Date: 2022-01-31
Court Decision / Holding: The writ petition is allowed. There will be a direction to the 2nd respondent to issue ‘Rural Certificate’ certifying that the petitioner pursued Class V at Luiz Anglo Indian U.P. School, a rural-area school, and to regularise the provisional admission to VI standard at Jawahar Navodaya Vidyalaya Thrissur, if otherwise eligible, within two weeks from the date of production of a copy of this judgment.
Final Disposition: Writ petition allowed; no order as to costs.

Parties to the Case

Appellants / Petitioners

Dev Nandh Anil (minor), represented by father Anil P.S.

Respondents

State of Kerala represented by the Secretary to Government, Department of Revenue, Secretariat, Thiruvananthapuram-695001
The Tahsildar, Chalakudy, Thrissur District, PIN-680307
The Village Officer, Kadukutty Village, Thrissur District, PIN-680309
The Principal, Jawahar Navodaya Vidyala, Mayannur, Thrissur District, PIN-679105
Shri M.K.Padmanabhan Nair, SC, NVS
Sri Jimm George, SR.GP

Legal Representation & Advocates

Counsels for Petitioners

• M. Shaju Purushothaman
• K.S.Rajesh

Counsels for Respondents

• Sreehari Rao, Standing Counsel
• Sri Jimm George, Senior Government Pleader

Case Synopsis & Summary

This writ petition (WP(C) No. 1946 of 2022) concerns a minor student seeking admission to Class VI in Jawahar Navodaya Vidyalaya, Thrissur. The petitioner, aged 11, challenged the refusal of a Rural Certificate by the Tahsildar, required for JNV admission, contending that his schooling at Luiz Anglo Indian U.P. School Kadukutty lies within Kadukutty Grama Panchayat and should be treated as rural under the admission policy for rural students. The Village Officer’s report, based on 2011 Census data, concluded the area is not rural, leading to Ext.P5’s denial. The petitioner produced Exts P1–P3 (school location and admission lists) to substantiate rural status. He relied on James N.X. v. District Collector, Ernakulam (2012) and Niranjana Prakash v. Ministry of Education (2021) to argue that Census data cannot override constitutional and statutory provisions under the Kerala Panchayat Raj Act, 1994, especially the 10(3A) gazette delimitation, which purportedly places areas within rural categories once notified. The Court held that Census Act and Rules cannot override the Constitution or the Kerala Panchayat Raj Act’s rural classification and relied on the cited precedents to grant relief. The writ petition was allowed, directing issue of the Rural Certificate within two weeks and regularisation of provisional admission if eligible, with no costs.

Provisions of Law Cited

Kerala Panchayat Raj Act, 1994 – Section 10(3A)Census Act, 1948 and Census Rules, 1990Constitution of India – Article 243-O(a) read with 243-K

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the Luiz Anglo Indian U.P. School is situated within Kadukutty Grama Panchayat and thus in a Rural Area. Under Section 10(3A) of the Kerala Panchayat Raj Act, 1994, areas notified under 10(3A) must be treated as rural. The 2011 Census cannot override constitutional and statutory provisions. Exts P1–P4 establish the school’s location and provisional admission. The 10(3A) gazette and the delimitation order give Rural Area status to the petitioner's area, as held in James N.X. and Niranjana Prakash, and the Rural Certificate should be issued within two weeks, with provisional admission regularised if eligible.

Contentions of Respondents

The respondents rely on the Village Officer’s report and the 2011 Census, arguing the area is not rural under the Census data. They contend the Rural Certificate policy should be applied cautiously and in alignment with census-based classifications, but acknowledge the need to assess the petitioner’s eligibility within the constitutional- statutory framework and the prevailing precedents.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
James N.X. and Another District Collector, Ernakulam and Others	2012(4) KHC 179	Positive	Census Act and Rules cannot override the Constitution and the Kerala Panchayat Raj Act; a 10(3A) gazette delimitation places the area in rural for the purposes of Rural Certificates.
Niranjana Prakash (minor) v. Ministry of Education and Others	2021 (4) KHC 395	Positive	Reiterates the James principle and supports treating the area as rural under the Panchayat Raj Act for admission purposes.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31[ST] DAY OF JANUARY 2022 / 11TH MAGHA, 1943** **WP(C) NO. 1946 OF 2022** ## **PETITIONER/S:** **DEV NANDH ANIL, AGED 11 YEARS S/O ANIL P.S, PARAKULAM HOUSE, KADUKUTTY VILLAGE, THRISSUR DIST, MINOR, REPRESENTED BY FATHER AND GUARDIAN, ANIL P.S.S/O SANKARAN, AGED 43 YEARS, PARAKULAM HOUSE, KADUKUTTY VILLAGE, THRISSUR DIST** **BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THRIUVANANTHAPURAM-695 001. 2 THE THASILDAR, CHALAKUDY, THRISSUR DISTRICT, PIN-680 307 3 THE VILLAGE OFFICER KADUKUTTY VILLAGE, THRISSUR DISTRICT, PIN-680 309 4 THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALA, MAYANNUR P.O.THRISSUR DISTRICT, PIN-679 105 SHRI.M.K.PADMANABHAN NAIR, SC, NVS SRI.JIMMI GEORGE, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 1946 OF 2022 ..2..** ## **JUDGMENT** The petitioner is a student aged 11 years who sought admission to the VI standard at the Jawahar Navodaya Vidyalaya,Thrissur. He has approached this Court being aggrieved by the refusal on the part of the 2[nd] respondent Tahsildar in issuing the Rural Certificate to enable him to get admission to the VI standard in the Jawahar Navodaya Vidyalaya,Thrissur. 2. According to the petitioner, he was a student of Luiz Anglo Indian U.P. School, Kadukutty, Thrissur District in V standard for the academic year 2020-2021 and the said school is within the territorial area of Kadukutty Grama Panchayat, Thrissur District and hence a rural area. Ext.P1 issued by the Headmistress of Luiz Anglo Indian U.P. School certifies that the petitioner was a student of the said Institution and the said Institution is situated in Kadukutty Grama Panchayat. Ext.P2 issued by **WP(C) NO. 1946 OF 2022 ..3..** the Secretary of Kadukutty Grama Panchayat certifies that Luiz Anglo Indian U.P. School is situated within the said Panchayath. 3. As per the admission policy of 'Jawahar Novodaya Vidyalaya', only a student who had earlier studied in a school in a 'rural area' can obtain admission therein. The petitioner states that, for admission to standard VI of a written test was Jawahar Novodaya Vidyalaya, conducted and the petitioner came out successful as is evident from Ext.P3 rank list. Pursuant thereto, the petitioner was granted provisional admission in Jawahar Navodaya Vidyalaya,Thrissur by the 4[th] respondent vide Ext.P4 communication. 4. For obtaining the Rural Area certificate, the petitioner submitted an application before the 3[rd] respondent Village Officer. The 3rd respondent reported that the area in which Luiz Anglo Indian U.P. School is situated is not a rural area as per the 2011 Census. Based **WP(C) NO. 1946 OF 2022 ..4..** on the report of the Village Officer, the Tahsildar issued Ext.P5 rejecting the request of the petitioner for Rural Certificate. 5. According to the petitioner, the stand taken by the 2[nd] respondent on the petitioner's application for issuance of rural certificate cannot be sustained in view of the law _**v**_ . laid down by this Court in **James N.X. and Another District Collector, Ernakulam and Others [2012(4) KHC 179]** and **Niranjana Prakash (minor)** _**v**_ **. Ministry of Education and Others [2021 (4) KHC 395].** In **James** (supra), 'Rural Certificate' was denied on the ground that, as per the 2001 Census, the area where the school in which the student had studied was an Urban Area. This Court taking note of the provisions of the Constitution of India, the Kerala Panchayat Raj Act, 1994 and Census Act 1948 and Rules framed there under held that, the Census Act and the Rules framed there under cannot override the provisions of the Constitution and the **WP(C) NO. 1946 OF 2022 ..5..** Kerala Panchayat Raj Act, 1994 with regard to the composition of Panchayaths. It was also held that, areas in a Panchayath notified under Section 10(3A) of the Kerala Panchayat Raj Act, 1994 will have to be construed as situated within a rural area. Once the final delimitation order is published and gazetted and an area is included within the limits of a Panchayath, all its area comprising different wards can only be considered as a “rural area”. Accordingly, the petitioner contends that, Luiz Anglo Indian U.P. School within the territorial area of Kadukutty Grama Panchayat is situated in rural area and has approached this Court to direct the 2nd respondent to issue ‘Rural Certificate’ for admission to standard VI in the 4[th] respondent school. 6. Heard Sri. M.Shaju Purushothaman, the learned counsel for the petitioner, Sri.Sreehari Rao, the learned standing counsel and Sri. Jimmy George the learned senior Government Pleader. **WP(C) NO. 1946 OF 2022 ..6..** 7. Ext.P1 issued by the Headmistress of Luiz Anglo Indian U.P. School, Kadukutty certifies that the petitioner was a student of the said school. Ext.P2 is the certificate issued by the Secretary of Kadukutty Grama Panchayath wherein it is stated that Luiz Anglo Indian U.P. School is situated within the territorial limits of Kadukutty Grama Panchayath. Therefore, going by the decision of this Court in **James** (supra), as long as the area where the petitioner's earlier school is situated is with in a panchayath as notified under Section 10 (3A) of the Kerala Panchayat Raj Act, the said area can be construed only as a 'Rural Area'. The respondents have no case that the territorial area where the Luiz Anglo Indian U.P. School is situated is an urban area as per orders passed, published and gazetted under Section 10 (3A) of the Kerala Panchayat Raj Act, 1994. The provisions of the Census Act, 1948 and the Census Rules, 1990 cannot override the provisions of the Constitution or the **WP(C) NO. 1946 OF 2022 ..7..** provisions of the Kerala Panchayat Raj Act, 1994 and the area cannot be classified as 'Urban' on the basis of Census Data for the purpose of issuance of rural certificate for admission to Jawahar Navodaya Vidyalaya. The order relevant is the order passed, published and gazetted under Section 10 (3A) of the Kerala Panchayat Raj Act, which has the force of law under Article 243-O (a) read with 243-K of the Constitution of India. As held in **James** (supra),issuance of certificate in terms of orders passed and published under Section 10 (3A) of the Kerala Panchayat Raj Act, 1994 will not violate the provisions of the prospects. 8. In view of the law laid down in **James** (supra) and reiterated in **Niranjana Prakash** and Ext.P6 judgment, the petitioner is entitled to be issued with a Rural Certificate. There will be a direction to the 2[nd] respondent to issue ‘Rural Certificate’ to the petitioner certifying that the petitioner had pursued his class V of Luiz Anglo **WP(C) NO. 1946 OF 2022 ..8..** Indian U.P. School, a school located in the rural area. The certificate shall be issued within a period of two weeks from the date of production of a copy of this judgment. The provisional admission granted to the petitioner to VI Standard in the Jawahar Navodaya Vidyalaya,Thrissur as per Ext.P4 shall be regularised, if he is otherwise eligible, on production of the Rural Certificate. The writ petition is allowed. There will be no order as to costs. **Sd/-** **MURALI PURUSHOTHAMAN JUDGE** SB/01/02/2022 ## **WP(C) NO. 1946 OF 2022 ..9..** ## **APPENDIX OF WP(C) 1946/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 THE TRUE COPY OF THE CERTIFICATE DATED 17.1.2022 ISSUED BY DENTIY CARD ISSUED BY LUIZ ANGLO INDIAN U.P.SCHOOL TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE CERTIFICATE DATED 17.1.2022 ISSUED BY THE SECRETARY KADUKUTTY GRAMA PANCHAYAT Exhibit P3 THE TRUE COPY OF THE SELECT LIST FOR ADMISSION IN CLASS VI ISSUED BY CBSE DATED 24.9.2021 Exhibit P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 30.9.2021 Exhibit P5 THE TRUE COPY OF THE COMMUNICATION DATED 17.1.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WPC NO 27857/2021 DATED 3.12.2021 Exhibit P7 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE HIGH COURT OF IN NIRANJAN PRAKASH VS MINISTRY OF EDUCATION AND OTHERS REPORTED IN 2021 (4) KHC 395**