Dhyankrishna S.S v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V ``` ``` FRIDAY, THE 3[RD]DAY OF DECEMBER 2021 / 12TH AGRAHAYANA,1943 ``` ## **`WP(C) NO. 26883 OF 2021`** ## **`PETITIONER/S:`** ``` DHYANKRISHNA S.S AGED 11 YEARS S/O. SUKU, SEBASTIAN PARAMBIL, KUZHIKKATTUKONAM, MADAYIKONAM P.O, MUKUNDAPURAM TALUK, MINOR REPRESENTED BY FATHER SUKU S.K, S/O. KUTTAN AGED 45 YEARS, SEBASTIAN PARAMBIL,KUZHIKKATTUKONAM, MADAYIKONAM P.O, MUKUNDAPURAM TALUK, NOW RESIDING AT PARAKKATTUKUNNIL HOUSE, PARAKKATTUKUNNU, THUMBOOR P.O, VELOOKKARA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. ``` ``` BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2THE TAHSILDAR, CHALAKKUDY TALUK, CHALAKKUDY, THRISSUR DISTRICT PIN 680 307 ``` ``` 2 ``` ``` W.P.(C).No.26883 of 2021 ``` - `3 THE VILLAGE OFFICER VADAMA VILLAGE P.O, MALA THRISSUR DISTRICT PIN 680 732` - `4 THE MALA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY MALA P.O, THRISSUR DISTRICT PIN 680 732` - `5 THE PRINCIPAL JAWAHAR NAVODAYA VIDYALAYA, MAYANNUR P.O, THRISSUR DISTRICT PIN 679 105` ``` BY SHRI.PHILIP T.VARGHESE, SC, MALA GRAMA PANCHAYATH ``` ``` SRI BIJOY CHANDRAN SR GP ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 03.12.2021,THECOURTONTHESAMEDAYDELIVEREDTHE FOLLOWING: ``` ``` W.P.(C).No.26883 of 2021 ``` ``` 3 ``` ## **J U D G M E N T** The petitioner herein is a minor child aged about 11 years. He aspires to get admission to the VI standard class at the Jawahar Navodaya Vidyalaya, Mayannur, Thrissur. 2. The petitioner contends that his place of residence as well as the location of the school in which he pursued his V standard education is in a rural area. Details of his location of residence and location of the school have been provided and the same is extracted below for easy reference. |Petitioner|Location of residence|Location of School| |---|---|---| |Dhyankrishna|Kuzhikkattukonam<br>Panchayat|Mala Panchayat| 3. One of the pre-conditions for admission to the Navodaya Schools is that students who seek admission are from rural areas. The petitioner states that a written test was conducted and the petitioner came out successful as is evident from Ext.P3 rank list. 4. For obtaining the Rural area certificate, the petitioner submitted Ext.P5 application before the 3rd respondent. The petitioner ``` W.P.(C).No.26883 of 2021 ``` ``` 4 ``` contends that the 3rd respondent refused to consider his application and made an endorsement in Exhibit P5 that the School was situated in an Urban Area. 5. The petitioner contends that the stand taken by the 3rd respondent cannot be sustained in view of the law laid down by this Court in **James N.X. and Another v. District Collector, Ernakulam and Others** [2012(4) KHC 179]. In the said case, ‘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 situated was an urban area. Interfering with the said order, a learned Single Judge of this Court, took note of the provisions of the Constitution of India, the Panchayat Raj Act and Census of India Act and Rules and concluded that the Census Act and the Rules framed thereunder cannot override the provisions of the Constitution and the Panchayat Raj Act with regard to the composition of Panchayats. It was also held that areas in a Panchayat notified under Section 10(3)(A) of the Kerala Panchayat Raj Act, 1994 will have to be construed as situated within a rural area. This Court went on to hold that if an area is included within ``` W.P.(C).No.26883 of 2021 ``` ``` 5 ``` the limits of a Panchayat, which is a Constitutional Institution, that fact alone would be relevant and all the areas comprising different wards can only be considered as a “rural area”. The petitioner contends that the same view was reiterated by a learned Single Judge of this Court in W.P.(C) No.11682/2021 and later by another learned Single Judge in **Niranjana Prakash (minor) v. Ministry of Education and Others** [2021 (4) KHC 395]. It is in the above backdrop that the petitioner is before this Court seeking to quash the relevant portions of the remarks in Ext.P6 to P8 and for a further direction to the 5th respondent to issue ‘Rural certificate’ to the petitioners that they had studied classes III to V in schools located in rural areas in the respective grama panchayats. The petitioner also seeks a direction commanding the 5th respondent to admit him to the VI standard and for incidental reliefs. 6. I have heard Sri. M. Shaju Purushothaman, the learned counsel appearing for the petitioner and Sri. Bijoy Chandran, the learned Senior Government Pleader. The learned standing counsel appearing for the 4th ``` 6 ``` ``` W.P.(C).No.26883 of 2021 ``` respondent Panchayath submitted on instructions that the St Antony’s HSS Mala is situated within the limits of Mala Panchayath. 7. Exhibit P2 is attested by the Headmistress of the School and it is stated therein that the School is situated within the limits of Mala Panchayath. Exhibit P6 is the school report card and the same also reveals that the school is situated within the limits of Mala Panchayath and in a rural area. The learned counsel appearing for the Panchayath also endorses the same view. The respondents have no case that the area in which the school is located is notified as a Nagar Panchayat, Municipal Council or Municipal Corporation. On the other hand, the area wherein the school is located is undisputedly within the local limits of the Panchayat. As held by this Court in **James** (supra), the provisions of the Census Act, 1948 and the Census Rules, 1990 will not override the provisions of the Constitution or the provisions of the Panchayat Raj Act with regard to the composition of Panchayats. A Panchayat is a unit of self Government that has been brought into effect for the purpose of rural areas and the process of delimitation are being carried out for the said purpose. The effect of ``` 7 ``` ``` W.P.(C).No.26883 of 2021 ``` Section 10(3)(A) of the Panchayat Raj Act is that once an order of delimitation is published, it will have the force of law for the purpose of Article 243 O (A) of the Constitution. In paragraph No. 6 of **James** ( supra) it was held as follows: In the light of the above, unless and until an area, even if it is having some urban character, is notified as a Nagar Panchayat, Municipal Council or Municipal Corporation, but is included in a Panchayat which is a constitutional institution, the same alone will be relevant. A compact area, viz. a rural area which is a territorial area of a Panchayat, even though it is divided by wards, there cannot be a sub classification or sub division of some parts for the purpose of rural character and some other parts for urban character, once the final notification has been issued constituting it as a Panchayat only. In the light of the above, all the areas comprising the different wards can be considered only as a 'rural area'. 8. In view of the observations above, I am of the considered view that the petitioner is entitled to succeed. Resultantly, this writ petition will stand allowed. There will be a direction to the competent among respondents 2 and 3 to issue ‘Rural certificate’ to the petitioner certifying that the school in which the petitioner ``` W.P.(C).No.26883 of 2021 ``` ``` 8 ``` had pursued his education is located in a rural area. The certificate shall be issued in any event within a period of two weeks from the date of production of a copy of this judgment. The 5th respondent shall provisionally grant admission to the petitioner to the VI Standard if he is otherwise eligible, on condition that the Rural area certificate shall be produced within a period of four weeks from the date of grant of provisional admission. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** avs ``` 9 ``` ``` W.P.(C).No.26883 of 2021 ``` ## **`APPENDIX OF WP(C) 26883/2021`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE IDENTITY CARD OF THE`| ||`PETITIONER ISSUED BY THE SCHOOL DT NIL`| |`Exhibit P2`|`THE TRUE COPY OF THE APPLICATION FORM`| ||`ACCOMPANIED BY THE CERTIFICATE OF THE SCHOOL`| ||`DT NIL`| |`Exhibit P3`|`THE TRUE COPY OF THE RELEVANT PAGES OF THE`| ||`SELECT LIST FOR ADMISSION IN CLASS VI ISSUED`| ||`BY CBSE DT 24-09-2021`| |`Exhibit P4`|`TRUE COPY OF THE COMMUNICATION ISSUED BY THE`| ||`5TH RESPONDENT DT 30-09-2021`| |`Exhibit P5`|`THE TRUE COPY OF THE APPLICATION WITH THE`| ||`SPECIMEN FORM SUBMITTED BY THE FATHER OF THE`| ||`PETITIONER BEFORE THE 3RD RESPONDENT DT`| ||`7-10-2021`| |`Exhibit P6`|`THE TRUE COPY OF THE SCHOOL REPORT CARD DT NIL`| |`Exhibit P7`|`THE TRUE COPY OF THE REQUEST SUBMITTED BEFORE`| ||`THE 5TH RESPONDENT DT 8-10-2021`| |`Exhibit P8`|`THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.`| ||`22507/2017 DT 14-07-2017`|