Aarav (Minor) Aged 14 Years vs The Principal
2021 Latest Caselaw 5710 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.27122 OF 2020(M)


PETITIONER:

               AARAV (MINOR) AGED 14 YEARS
               REPRESENTED BY HIS FATHER, S/O. DILESH M., AGED 45
               YEARS, S/O. C.H. PADMANABHAN NAMBIAR, GEETHANJALI,
               KADEMDERI P.O., KANNUR DISTRICT-670562.

               BY ADVS.
               SRI.JOHN K.GEORGE
               SMT.M.B.SHYNI
               SRI.DEEPAK RAJ
               SHRI.PRASANTH K.T.

RESPONDENTS:

      1        THE PRINCIPAL,
               KENDREEYA VIDHYALAYA SCHOOL, KELTRON NAGAR,
               KANNUR-670002.

      2        THE COMMISSIONER,
               KENDREEYA VIDHYALAYA SANGATHAN 18, INSTITUTIONAL
               AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110016.

      3        THE REGIONAL DIRECTOR,
               KENDREEYA VIDHYALAYA SANGATHAN, REGIONAL OFFICE,
               ERNAKULAM, K.V. KADAVANTHRA CAMPUS, KADAVANTHRA P.O.,
               ERNAKULAM-682020.

      4        THE DEPUTY COMMISSIONER,
               KENDREEYA VIDHYALAYA SANGATHAN, REGIONAL OFFICE,
               ERNAKULAM, K.V. KADAVANTHRA CAMPUS, KADAVANTHRA P.O.,
               ERNAKULAM-682020.

      5        THE CHAIRMAN,
               CBSE, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET
               VIHAR, NEW DELHI, DELHI-110092.

      6        THE REGIONAL OFFICER,
               CBSE, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE
               CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.

               R1-2, R4 BY ADV. SRI.K.I.MAYANKUTTY MATHER
               R1-2, R4 BY ADV. SRI.VINEETH KOMALACHANDRAN
 WP(C).No.27122 OF 2020(M)

                                2

              R5-6 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27122 OF 2020(M)

                                        3




                                 JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following relief:

"Direct the 1st and 2nd respondents to take urgent steps to promote master Aarav K to standard X forthwith and to make arrangements to permit him to attend the Xth standard in the present academic year."

2. Heard the learned counsel for the petitioner, the learned

counsel appearing for respondents 1 to 4 and the learned counsel for

respondents 5 and 6.

3. It is submitted by the learned counsel for the petitioner that

the child is extremely ill and that the prayers made in this writ

petition are not being pressed any more. However, it is submitted

that in case an unofficial whats app group or a group chat can be

arranged for the child with his classmates, the same will be of great

help for the mental and psychological condition of the child.

In the above view of the matter, I am of the opinion that it is for

respondents 1 to 4 and the officials of the 6 th respondent to take

appropriate steps to see that the said request of the petitioner is met. WP(C).No.27122 OF 2020(M)

There will be a direction to the respondents to attempt and see that

an informal group chat is arranged for the benefit of the child to

interact with his peers and teachers. It is made clear that no

directions are being issued for conduct of any online classes for the

child and that it is only in the special circumstances stated by the

petitioner's counsel that these directions are being issued.

Appropriate steps shall be taken within a period of one week from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.27122 OF 2020(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY AMRITHA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE DATED 03/09/2020.

EXHIBIT P2 A TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 12/06/2020.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/07/2020.

EXHIBIT P4 A TRUE COPY OF THE LETTER ISSUED BY THE OFFICE OF THE K.V. REGIONAL CENTRE DATED 27/11/2020 THROUGH EMAIL.

RESPONDENT'S/S EXHIBITS:

ANNEXURE R1(A) TRUE COPY OF THE LETTER ISSUED BY THE KENDRIYA VIDYALAYA SANGATHAN, HEAD QUARTERS

ANNEXURE R1(B) TRUE COPY OF THE LETTER ISSUED BY KENDRIYA VIDYALAYA SANGATHAN

ANNEXURE R1(C) TRUE COPY OF THE RELEVANT EXTRACT OF THE RULE 7 OF THE EXAMINATION BYE LAWS OF CBSE

ANNEXURE R1(D) TRUE COPY OF THE LETTER SENT BY THE 1ST RESPONDENT TO THE 6TH RESPONDENT

ANNEXURE R1(E) TRUE COPY OF THE REPLY MAIL RECEIVED FROM THE 6TH RESPONDENT