C.V.Kamakshi vs The State Of Kerala on 3 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22671 of 2008(Y)


1. C.V.KAMAKSHI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE ASSISTANT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.K.T.SHYAMKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :03/03/2009

 O R D E R
                         P.N.RAVINDRAN, J.
                       ---------------------------
                    W.P.(C).No.22671 of 2008 -Y
                      -----------------------------
               Dated this the 3rd day of March, 2009

                           J U D G M E N T

Heard Sri.K.T.Shyam Kumar, the learned counsel appearing

for the petitioner and Sri.A.J.Varghese, the learned Government

Pleader appearing for the respondents.

2. The petitioner is the Manager of a recognised aided

school. He challenges Ext.P1 Government order dated 29.1.2004

and seeks a writ in the nature of mandamus commanding the

second respondent to treat the admission of the students named

in Ext.P3 list as regular admission and to count them for the

purpose of staff fixation, without insisting on production of

certificates of birth to prove their dates of birth.

3. The brief facts of the case are as follows: The

Headmaster of the petitioner’s school admitted 21 students in the

1st standard. The parents of the said students did not produce

birth certificates to prove their dates of birth. However, they had

signed a declaration as stipulated in Rule I of Chapter VI of the

KER declaring the date of birth of their respective wards. Ext.P3

W.P.(C).No.22671 of 2008 -Y

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is the list of students thus admitted. The petitioner’s grievance is

that relying on Ext.P1 Government order, the 2nd respondent has

declined to treat the admission of the said students as regular

admissions for the reason that their birth certificates have not

been produced. The petitioner submits that so long as Rule 1 of

Chapter VI of the KER has not been amended, Ext.P1

Government order cannot operate. The petitioner relies on

Ext.P2 judgment of a learned Single Judge of this Court in W.P.

(C).No.13912 of 2005 and connected cases in support of the said

contention.

4. Rule 1 of Chapter VI of the Kerala Education Rules

reads as follows:

“No pupil shall be admitted in a school except on
an application in form 3 signed by his parent/guardian.
The application shall be accompanied by a certified
extract from the Register of Births showing the date of
birth of the pupil, but in case where it is satisfactorily
explained to the Headmaster why the said extract
cannot be produced, a declaration from the
parent/guardian or in the case of an orphan, a
certificate from a registered medical practitioner
regarding the date of birth of the pupil shall be
accepted. All such applications shall be filed separately
in the records of the schools.”

W.P.(C).No.22671 of 2008 -Y

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5. A reading of the said rule makes it evident that

admissions can be made without producing the certified extract

from the register of births, if the parent can satisfactorily explain

to the Headmaster why he cannot produce the same. In such

circumstances, a declaration from the parent regarding the date

of birth of the pupil can be accepted. This Court has in Ext.P2

judgment considered the effect of Ext.P1 and other Government

orders wherein it was stipulated that production of a birth

certificate issued by local authority is compulsory for admission

of students in the 1st standard from 2004-2005 onwards. This

Court in Ext.P2 held that as long as Rule 1 of Chapter VI stands

unamended, no officer of the Education Department can enforce

Ext.P1 Government order. This Court also directed that in the

light of the provisions in Rule 1 of Chapter VI of the KER, the

admission of students who have been admitted based on the

declaration signed by their parents regarding their date of birth

shall be treated as regular and shall also be reckoned for the

purpose of staff fixation. The State of Kerala is a party to the

said judgment and the direction in Ext.P2 has become final.

W.P.(C).No.22671 of 2008 -Y

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I therefore, dispose of this writ petition with the direction

that the admission of the students named in Ext.P3 shall be

treated as regular for all purposes and that they shall also be

reckoned as regular students of the petitioner’s school for the

purpose of staff fixation.

The Writ Petition is disposed of as above.

P.N.RAVINDRAN,
JUDGE.

bkn/-