Sheheem Rahman T.S. v. State of Kerala and Others

# **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. 379 OF 2022** ## **PETITIONER/S:** **SHEHEEM RAHMAN. T.S, AGED 11 YEARS S/O. SHEMMER T.A, PADINJARAN KUNNATH HOUSE, OTTUPARA, KUMARANELLUR P.O, THRISSUR, MINOR REPRESENTED BY FATHER SHEMEER T.A., S/O. ABDUL REHMAN P.A, AGED 43 YEARS, PADINJARAN KUNNATH HOUSE, OTTUPARA, KUMARANELLUR P.O, 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, TALAPPILLY TALUK, WADAKKANCHERY THRISSUR DISTRICT, PIN 680 623** - **3 THE VILLAGE OFFICER, CHELAKKARA VILLAGE OFFICE, CHELAKKARA P.O, THRISSUR DISTRICT, PIN 680 586** - **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. 379 OF 2022 ..2..** ## **JUDGMENT** The petitioner is a student aged 11 years who have applied for 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 in respect of the school where he pursued his 4[th] standard to enable him to get admission to the 6[th] standard in the Jawahar Navodaya Vidyalaya,Thrissur. 2. According to the petitioner, the petitioner studied LKG to III Standard in Al-Irshad English School at Killimangalam, 4[th] standard in Government Lower Primary School, Chelakkara and 5[th] standard at St.Joseph UP School, Pangarappilly during the academic year, 2020-2021. It is stated that Al-Irshad English School where the petitioner studied LKG to III standards is located in a Rural area as it is within the territorial limits of the Panjaal Grama Panchayath. The petitioner further **WP(C) NO. 379 OF 2022 ..3..** states that the Government Lower Primary School, Chelakkara where the petitioner studied in 4[th] standard and St.Joseph UP School, Pangarappilly where the petitioner studied in 5[th] standard are also located in Rural area as they are within the territorial limits of the Chelakara Grama Panchayath. The petitioner applied for issuance of Rural certificate before the Village Officer for the purpose of admission to Jawahar Navodaya Vidyala as admission was given on the basis of Rural Area. The schools where the petitioner studied in standard III, IV and V are located within the territorial limits of Panjaal and Chelakkara Grama Panchayat which are rural areas. However, the 3[rd] respondent, Village Officer by Ext.P4 reported that the Schools are located in Rural area except the Government Lower Primary School, Chelakkara. In Ext.P4 it is stated that, the Government Lower Primary School, Chelakkara is within the territorial limits of Chelakkara Grama Panchayat but **WP(C) NO. 379 OF 2022 ..4..** situates in Chelakkara Town which is Urban area. Based on Ext. P4 report, the Tahsildar issued Rural certificate excluding the area of the Government Primary School, Chelakkara. 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. P2 rank list. Pursuant thereto, the petitioner was granted provisional admission in Jawahar Navodaya Vidyalaya,Thrissur by the 4[th] respondent vide Ext. P3 communication. 4. 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 laid down by this Court in **James N.X. and** **WP(C) NO. 379 OF 2022 ..5..** **Another** _**v**_ . **District Collector, Ernakulam and Others [2012(4) KHC 179]** and **Niranjana Prakash (minor)** _**v**_ **. Ministry of Education and Others [2021 (4) KHC 395].** According to the petitioner, it is based on Census Data, 2011 the respondents 2 and 3 have come to the conclusion that Government Primary School in Chelakkara Grama Panchayat is situated in Urban area. 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 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 **WP(C) NO. 379 OF 2022 ..6..** 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, Government Primary School, Chelakkara within the territorial area of Chelakkara Grama Panchayat is situated in rural area and has approached this Court to direct the 2nd respondent to issue ‘Rural Certificate’ in respect of the said school for admission to standard VI in the 4[th] respondent school. 5. A Statement has been filed on behalf of the 2[nd] respondent stating that it is based on Census records of 2011, Exts.P4 and P5 are issued. 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 **WP(C) NO. 379 OF 2022 ..7..** senior Government Pleader. 7. Even as per Ext.P4 report of the village officer, Government Lower Primary School, Chelakkara is within the territorial limits of Chelakkara Grama Panchayat. 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 Government Lower Primary School, Chelakkara is situated is not a rural 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 provisions of the Kerala Panchayat Raj Act, 1994 and the area cannot be classified as 'Urban' on the basis of **WP(C) NO. 379 OF 2022 ..8..** 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. Ext.P4 is quashed. There will be a direction to the 2[nd] respondent to issue ‘Rural Certificate’ to the petitioner certifying that the Government Lower Primary School, Chelakkara where the petitioner studied 4[th] standard is within the territorial limits of Chelakkara **WP(C) NO. 379 OF 2022 ..9..** Grama Panchayat, a 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. P3 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. 379 OF 2022 ..10..** ## **APPENDIX OF WP(C) 379/2022** ## **PETITIONER EXHIBITS** **Exhibit P1** **THE TRUE COPY OF THE APPLICATION FORM DT. NIL.** **Exhibit P2** **THE TRUE COPY OF THE RELEVANT PAGE OF THE SELECT LIST FOR ADMISSION IN CLASS VI ISSUED BY CBSE DT. 24.9.2021.** **Exhibit P3** **THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DT. 30.09.2021.** **Exhibit P4** **THE TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT DT. 7.10.2021.** **Exhibit P5 THE TRUE COPY OF THE RURAL CERTIFICATE ISSUED BY THE 2ND RESPONDENT DT. 8.10.2021.** **Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN W.P.C NO. 27857/2021 DT. 3.12.2021.**