IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20120 of 2009(H)
1. ROHITH RAVEENDRAN ,AGED 16 YEARS
... Petitioner
Vs
1. KENDRIYA VIDYALAYA,PAYYANNUR
... Respondent
2. KENDRIYA VIDYALAYA SANGATHAN
3. CENTRAL BOARD OF SECONDARY EDUCATION
For Petitioner :SMT.SHAMEENA SALAHUDHEEN
For Respondent :SRI.V.V.ASOKAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :30/07/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.20120/2009-H
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Dated this the 30th day of July, 2009
J U D G M E N T
The petitioner is a minor represented by his father and is seeking
admission to Plus 1 in Kendriya Vidyalaya, Payyannur. The petitioner was
studying in the school for the last 7 years and has successfully completed
his Class X under the scheme offered by the Central Board of Secondary
Education. Ext.P1 is the copy of the marks statement issued to the
petitioner. It is submitted that in the list published for students eligible to
Class XI, the petitioner’s name was excluded and even though,
representations were submitted, those were not favourably considered. In
these circumstances, the petitioner has approached this Court seeking for
appropriate directions in the matter.
2. The second respondent has filed a statement and the petitioner
has filed a reply statement also. It is contended by the second respondent
that the petitioner as of right is not entitled for admission to Plus 1 in
Kendriya Vidyalaya, Payyannur since there is no vacancies as on date. It is
also stated that the petitioner has not secured the qualifying marks for the
Science stream and, for Science stream, the candidates should secure 55%
marks for Mathematics and Science. It is also stated that they are awaiting
list of 9 applicants who secured more marks than the petitioner. It is
W.P.(C). No.20120/2009
-:2:-
therefore pointed out that 90 students have been admitted.
3. The petitioner is relying upon the decision of the Apex Court in
Principal, Kendriya Vidyalaya v. SaurabhChowdhary [2008 (4) KLT
705 (SC)] and the decision of the learned Single Judge of this Court in
Rachit U.Kumar v.Central Board of Secondary Education [2007 (3)
KLT SN.57 (C.No.73)]. The Principle that is arrived at by the Apex Court
and this Court is that students passing Class X is entitled to admission in
Class XI and the admission cannot be denied on the basis that he has not
obtained the cut off marks. In Ext.P2, it was held by Apex Court that “it
would be quite unreasonable and unjust to throw out a student from the
school because he failed to get the cut off marks in the Class X
examination.” In Ext.P3, the said view was followed.
4. In the light of the above, the petitioner is entitled for admission
in Class XI. It is declared so. There will be a direction to respondent Nos.1
and 2 to admit the petitioner to Class XI of the Kendriya Vidyalaya,
Payyannur, for the Academic year 2009-2010. The same shall be done on
production of a copy of the judgment by the petitioner.
The writ petition is allowed as above. No costs,
(T.R. Ramachandran Nair, Judge.)
ms