T.S. GOKULKRISHNA 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. 361 OF 2022** ## **PETITIONER/S:** **T.S.GOKULKRISHNA, AGED 11 YEARS S/O.SURENDRAN T.N., THAZHISSERY HOUSE, PERAKAM, THRISSUR DISTRICT, MINOR REPRESENTED BY FATHER SURENDRAN T.A., S/O.APPUKUTTAN, AGED 61 YEARS, THAZHISSERY HOUSE, PERAKAM, 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**| ||**ORUMANAYOUR VILLAGE OFFICE,**| ||**CHAVAKKAD, THRISSUR DISTRICT, PIN - 680 512.**| |**4**|**THE PRINCIPAL**| ||**JAWAHAR NAVODAYA VIDYALA, MAYANNUR P.O.,**| ||**THRISSUR DISTRICT, PIN - 679 105.**| **BY ADV SHRI.M.K.PADMANABHAN NAIR, SC, NVS R 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. 361 OF 2022 ..2..** ## **JUDGMENT** The petitioner, a student aged 11 years has filed this writ petition being aggrieved by the refusal on the part of the 2[nd] respondent in issuing the Rural certificate to enable him to get admission to the VI standard of the Jawahar Navodaya Vidyalaya, Thrissur. 2. According to the petitioner, the location of the school in which he pursued his V standard education is in a rural area. From Ext.P1 certificate issued by the school, it is evident that the petitioner studied in Amrita Vidyalayam, Orumanayoor within the limits of Orumanayoor Grama Panchayath in Trissur District. By Ext.P2 the Secretary of Orumanayoor Grama Panchayath has certified that Amrita Vidyalayam, Orumanayoor is situated in that Panchayath. 3. As per the admission policy of 'Jawahar Novodaya Vidyalaya', only a student who had earlier studied in a **WP(C) NO. 361 OF 2022 ..3..** school in a 'rural area' can obtain admission therein. The 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 application before the village officer who by Ext.P5 reported that Amrita Vidyalayam, is situated in Orumanayoor Grama Panchayat which is not a rural area. The 2nd respondent, the Tahsildar by Ext.P6 rejected the application of the petitioner for rural area certificate stating that as per the Census Hand Book, 2011, Orumanayoor, where the Amrita Vidyalayam is situated is a Census Town and therefore Rural Certificate cannot be issued. **WP(C) NO. 361 OF 2022 ..4..** 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**_ **. 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 Panchayaths. It was also held that areas in a Panchayat notified under Section 10(3A) of the **WP(C) NO. 361 OF 2022 ..5..** 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 the area is included within the limits of a Panchayat, all the areas comprising different wards can only be considered as a 'rural area'. Accordingly the petitioner contends that Orumanayoor Grama Panchayat where the Amrita Vidyalayam 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. 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. 361 OF 2022 ..6..** 7. Ext.P1 identity card reveals that the petitioner was a student of Amrita Vidyalayam, Orumanayoor. Ext.P2 is the certificate issued by the Secretary of Orumanayoor Grama Panchayat wherein it is stated that the Amrita Vidyalayam is situated within the limits of Orumanayoor Grama Panchayat. 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, 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. 361 OF 2022 ..7..** provisions of the 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. 8. In view of the law laid down in **James** (supra) and reiterated in **Niranjana Prakash** and Ext.P7 judgment, the petitioner is entitled to be issued with a Rural Certificate. Exts.P5 and P6 are quashed. 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 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 **WP(C) NO. 361 OF 2022 ..8..** judgment. The provisional admission granted to the petitioner to VI Standard 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. 361 OF 2022 ..9..** ## **APPENDIX OF WP(C) 361/2022** ## **PETITIONER EXHIBITS** **Exhibit P1** **THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE SCHOOL DT. 31/12/2021.** **Exhibit P2** **THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE ORUMANAYOOUR GRAMA PANCHAYAT DT. 1/1/2022.** **Exhibit P3** **THE TRUE COPY OF THE RELEVANT PAGE OF THE SELECT LIST FOR ADMISSION IN CLASS VI ISSUED BY CBSE DT. 24/9/2021.** - **Exhibit P4** **THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DT. 30/9/2021.** **Exhibit P5** **THE TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT DT. 5/10/2021.** - **Exhibit P6** **THE TRUE COPY OF THE ORDER REJECTING APPLICATION FOR RURAL CERTIFICATE ISSUED BY THE 2ND RESPONDENT DT.8/10/2021.** **Exhibit P7** **THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.27857/2021 DT. 3/12/2021.**