High Court of KeralaSingle Judge2022-01-31Writ petition allowed; Rural Certificate to be ...

P.S. Shivani (minor) v. State of Kerala and others

Case / Petition Number:WP(C) NO. 352 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’ to the petitioner certifying that the petitioner had pursued her class V in a school located in the rural area. The certificate shall be issued within two weeks from the date of production of a copy of this judgment. The provisional admission granted to VI Standard as per Ext. P4 shall be regularised, if she is otherwise eligible, on production of the Rural Certificate. The writ petition is disposed of without costs.
Final Disposition: Writ petition allowed; Rural Certificate to be issued within two weeks; provisional admission to VI standard to be regularised on production of Rural Certificate; no costs.

Parties to the Case

Appellants / Petitioners

P.S. Shivani, aged 11 years, through mother and guardian Harsha P. S.

Respondents

State of Kerala represented by the Secretary to Government, Department of Revenue, Secretariat, Thiruvananthapuram - 695 001
The Tahsildar Chavakkad Taluk, Thrissur District, PIN - 680 506
The Village Officer Elavally - Brahmakulam Group Village, Chavakkad Taluk, Thrissur District, PIN - 680 506
The Principal Jawahar Navodaya Vidyala, Mayannur P. O., Thrissur District, PIN - 679 105

Legal Representation & Advocates

Counsels for Petitioners

• M. Shaju Purushothaman
• K. S. Rajesh

Counsels for Respondents

• M.K. Padmanabhan Nair, Senior Counsel, NVS
• Sri. Jimmy George, Senior Government Pleader

Case Synopsis & Summary

The petitioner, a minor, seeks admission to Class VI in Jawahar Navodaya Vidyalaya, Thrissur, arguing that she studied in a rural-area school and should be eligible for a Rural Certificate under the Navodaya policy. Her insistence rests on the legal position that a school’s rurality cannot be decided solely by Census data when a Panchayat Raj Act framework or Section 10(3A) of the Kerala Panchayat Raj Act, 1994 is applicable. The Tahsildar denied the Rural Certificate by citing the 2011 Census as showing the Elavally area as urban. The petitioner relies on James N.X. v. District Collector (2012) and Niranjana Prakash (minor) v. Ministry of Education (2021), which hold that Census Act/Rules cannot override constitutional provisions or the Kerala Panchayat Raj Act and that areas under Section 10(3A) can be considered rural for such purposes. The petitioner also relies on Ext. P2 (certificate from Elavally Grama Panchayat) and Ext. P6 (Judgment in WP 27857/2021) to support the rural characterization. After hearing, the court held that the rural-area determination should be made in light of constitutional and local self-government provisions, directing issuance of the Rural Certificate and regularisation of provisional admission if eligible. The petition was allowed with no costs.

Provisions of Law Cited

Constitution of IndiaKerala Panchayat Raj Act, 1994Section 10(3A) of the Kerala Panchayat Raj Act, 1994Census Act, 1948Census Rules, 1990

Legal Doctrines & Maxims

Census Act and Rules cannot override the provisions of the Constitution and the Kerala Panchayat Raj Act, 1994.
Areas notified under Section 10(3A) of the Kerala Panchayat Raj Act, 1994 must be construed as rural areas for the purposes of Rural Certificates when applicable under the Panchayat Raj framework.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that, notwithstanding the 2011 Census classification of the Elavally Brahmakulam area as urban, the applicant’s schooling in a rural-area Panchayat jurisdiction, guided by the Kerala Panchayat Raj Act, warrants a Rural Certificate under the Navodaya policy. She relies on James (2012) and Niranjana Prakash (2021) for the proposition that Census data cannot override constitutional and Panchayat Raj provisions and that the area’s rural character persists where a Section 10(3A) notification applies. She seeks issuance of a Rural Certificate within two weeks and regularisation of provisional Class VI admission upon production of the Rural Certificate.

Contentions of Respondents

The State and local authorities contend that the 2011 Census marks the area as urban, and that Rural Certificates cannot be issued based on Census data alone; they rely on the Census Act and Rules, and on official records showing Brahmakulam as urban. They reverse the petitioner’s claim by pointing to the current classification and the need to adhere to census-based urban delineations for certificate issuance.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
James N.X. and Another District Collector, Ernakulam and Others	2012(4) KHC 179	Positive	Cited to establish that Census Act/Rules cannot override Constitution and Kerala Panchayat Raj Act; supports treating panchayat-notified rural areas as rural for eligibility.
Niranjana Prakash (minor) v. Ministry of Education and Others	2021 (4) KHC 395	Positive	Affirms James’s principle; used to reinforce the primacy of constitutional/panchayat provisions over census data in rural certification.
Judgment in WP(C) NO.27857/2021	WP(C) 27857/2021	Positive	Ext. P6 judgment cited as supportive precedent aligning with the same principle on rural-certification standards.

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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. 352 OF 2022** ## **PETITIONER/S:** **P.S. SHIVANI, AGED 11 YEARS D/O. P. B. SHAJI, PAYYAPATT HOUSE, GURUVAYUR, THRISSUR DISTRICT, MINOR REPRESENTED BY MOTHER AND GUARDIAN HARSHA P. S., W/O. P. B. SHAJI, PAYYAPPAT HOUSE, GURUVAYUR, THRISSUR DISTRICT.** **BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE TAHSILDAR CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680 506. 3 THE VILLAGE OFFICER ELAVALLY - BRAHMAKULAM GROUP VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680 506. 4 THE PRINCIPAL JAWAHAR NAVODAYA VIDYALA, MAYANNUR P. O., THRISSUR DISTRICT, PIN - 679 105. BY ADV SHRI.M.K.PADMANABHAN NAIR, SC, NVS BY SR.GP SRI.JIMMY GEORGE** **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. 352 OF 2022 ..2..** ## **JUDGMENT** The petitioner, a minor student aged 11 years who aspires to get admission in the VI standard class at the Jawahar Navodaya Vidyalaya, Thrissur has approached this Court aggrieved by the refusal on the part of the 2[nd] respondent Tahsildar in issuing the Rural certificate to enable her to get admission to the VI standard in the 4[th] respondent school. 2. According to the petitioner, the location of the school in which she pursued her V standard education is in a rural area. She studied in Vidya Vihar Central School, Kakkasery within the limits of Elavally Grama Panchayat in Trissur District. 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 **WP(C) NO. 352 OF 2022 ..3..** petitioner states that a written test was conducted and the petitioner came out successful as is evident from Ext.P3 rank list. Pursuant thereto, the petitioner was granted provisional admission in the 4[th] respondent school by Ext.P4 communication. 4. For obtaining the Rural Area certificate, the petitioner submitted Ext.P5 application before the 2[nd] respondent. However, the 2nd respondent Tahsildar refused to issue rural area certificate stating that as per the 2011 Census report, Elavally Grama Panchayat where the Vidya Vihar Central School is situated is an urban area. 5. According to the petitioner, the stand taken by the 2[nd] respondent 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**_ **.** **WP(C) NO. 352 OF 2022 ..4..** **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 situated 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 held that the Census Act and the Rules framed there under cannot override the provisions of the Constitution and the Kerala Panchayat Raj Act, 1994 with regard to the composition of Panchayats. It was also held that areas in a Panchayat 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 an area is included within the limits of a Panchayat, all the areas comprising different wards can only be considered as a “rural area”. **WP(C) NO. 352 OF 2022 ..5..** Accordingly the petitioner contends that Elavally Grama Panchayat where the Vidya Vihar Central School is situated is a rural area and has approached this Court to direct the 2[nd] respondent to issue ‘Rural certificate’ to the petitioner certifying that the school in which the petitioner studied is located in a rural area for admission to standard VI in the 4[th] respondent school. 6. A Statement has been filed on behalf of the 2[nd] respondent Tahsildar stating that as per the 2011 Census records, Brahmakulam village where the school is situated is Urban area. 7. 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. 8. Ext.P1 identity card reveals that the petitioner was a student of Vidya Vihar Central School, Kakkasery. **WP(C) NO. 352 OF 2022 ..6..** Ext.P2 is the certificate issued by the Secretary of Elavally Grama Panchayath wherein it is stated that the Vidya Vihar Central School, Kakkasery is situated within the limits of Elavally Grama Panchayath. Brahmakulam revenue village where the school is situated is in Elavally Grama Panchayath. Therefore, going by the decision 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, 1994 the said area can be construed only as a 'Rural Area'. The respondents have no case that the territorial area where the earlier school of the petitioner is situated is urban area as per orders passed and published 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 provisions of the **WP(C) NO. 352 OF 2022 ..7..** Panchayat Raj Act and the area cannot be classified as 'Urban' on the basis of Censes Data for the purpose of issuance of rural certificate for admission to Jawahar Navodaya Vidyalaya. 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. 9. 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 her class V in 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 as per **WP(C) NO. 352 OF 2022 ..8..** Ext.P4 shall be regularised, if she 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/31/01/2022 **WP(C) NO. 352 OF 2022 ..9..** ## **APPENDIX OF WP(C) 352/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 THE TRUE COPY OF THE IDENTITY CARD ISSUED BY VIDYA VIHAR CENTRAL SCHOOL, KAKKASERY TO THE PETITIONER.** **Exhibit P2 THE TRUE COPY OF THE CERTIFICATE DATED 1.1.2022 ISSUED BY THE SECRETARY, ELAVALLY GRAMA PANCHAYAT.** **Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE SELECT LIST FOR ADMISSION IN CLASS VI ISSUED BY CBSE DATED 24.09.2021.** **Exhibit P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 30.09.2021.** **Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 05.10.2021 FILED BY PETITIONER WITH ENDORSEMENT OF THE VILLAGE OFFICER.** **Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.27857/2021 DATED 03.12.2021.**