Niranjana Prakash (Minor) vs The Additional District ...
2021 Latest Caselaw 14557 Ker

                                                        CR
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                   WP(C) NO. 8716 OF 2021
PETITIONER:

          NIRANJANA PRAKASH (MINOR)
          AGED 12 YEARS
          D/O.PRAKASHAN K., KUYYAL HOUSE, VESALA,
          CHATTUKAPARA P.O., KANNUR-670592, REPRESENTED
          THROUGH HER MOTHER LIJI A.C, AGED 37, W/O.PRAKASHAN
          K., KUYYAL HOUSE, VESALA, CHATTUKAPARA P.O.,
          KANNUR-670592.

          BY ADVS.
          SAIJO HASSAN
          SRI.BENOJ C AUGUSTIN
          SRI.RAFEEK. V.K.
          SRI.U.M.HASSAN
          SMT.SREEPARVATHY P.
          SHRI.MANAS P HAMEED
          SMT.AATHIRA SUNNY



RESPONDENTS:

    1     THE ADDITIONAL DISTRICT MAGISTRATE
          COLLECTORATE, THAVAKKARA, KANNUR-670002.

    2     THE TAHSILDAR,
          TALIPARAMBA TALUK OFFICE, COURT RD, TALIPARAMBA,
          KANNUR-670141.

    3     VILLAGE OFFICER,
          MANIYOOR, CHATTUKAPARA P.O., KANNUR-670592.

    4     THE SECRETARY,
          KUTTIATTOOR GRAMA PANCHAYAT, KUTTIATTOR GRAMA
          PANCHAYATH OFFICE, KUTTIATTOOR P.O., VELLUVAYAL,
          KANNUR-670592.

    5     THE PRINCIPAL
          JAWAHAR NAVODAYA VIDYALAYA, CHENDAYAD P.O., PANOOR,
 WP(C) Nos.8716 & 11682/2021
                              2

         KANNUR-670692.

         BY ADVS.
         PREMAN K.P
         SHRI.M.K.PADMANABHAN NAIR, SC, NVS


         SRI. P.VIJAYAKUMAR - ASGI, SRI. SUNIL KUMAR
         KURIAKOSE - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2021, ALONG WITH WP(C).11682/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.8716 & 11682/2021
                              3

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                   WP(C) NO. 11682 OF 2021
PETITIONER:
          NIRANJANA PRAKASH (MINOR),
          AGED 12 YEARS
          D/O.PRAKASHAN K., KUYYAL HOUSE, VESALA,
          CHATTUKAPARA P.O., KANNUR 670 592
          REP. THROUGH HER MOTHER LIJA C., AGED 37,
          W/O.PRAKASHAN K., KUYYAL HOUSE, VESALA,
          CHATTUKAPARA P.O., KANNUR 670 592

          BY ADV MANAS P HAMEED


RESPONDENTS:
    1     MINISTRY OF EDUCATION,
          REP. BY ITS SECRETARY, GOVERNMENT OF INDIA,
          SHASTRI BHAWAN, NEW DELHI 110 001

    2     NAVODAYA VIDYALAYA SAMITI
          AUTONOMOUS BODY UNDER MINISTRY OF EDUCATION,
          GOVERNMENT OF INDIA, REP. BY ITS CHAIRMAN,
          INSTITUTIONAL AREA, SECTOR 62, NOIDA, UTTAR
          PRADESH 201 307

    3     VIDYALAYA MANAGEMENT COMMITTEE
          REP.BY ITS CHAIRMAN, JAWAHAR NAVODAYA VIDYALAYA,
          CHENDAYAD P.O., PANOOR, KANNUR 670 692.

    4     THE DISTRICT COLLECTOR, KANNUR,
          CHAIRMAN OF VIDYALAYA MANAGEMENT COMMITTEE,
          COLLECTORATE, THAVAKKARA, KANNUR 670 002

    5     THE PRINCIPAL
          JAWAHAR NAVODAYA VIDHYALAYA, CHENDAYAD P.O.,
          PANOOR, KANNUR 670 692

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2021, ALONG WITH WP(C).8716/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.8716 & 11682/2021
                                         4

                               JUDGMENT

A girl of 12 years in age has approached this

Court seeking a direction to the 2nd respondent -

Tahsildar, Taliparamba Taluk, to issue her a

certificate to the effect that the School in which

she was earlier studying, namely "KAKNS AUP School",

Kuttiattor, is situated in a rural area, so that she

can seek admission to the "Jawahar Navodaya

Vidyalaya", Kannur, of which the 5th respondent is

the Principal.

2. I am considering these two writ petitions

together because my decision in the first among

them, namely W.P.(C)No.8716/2021, will fully cover

the other, namely W.P.(C).No.11682/2021.

3. For the same reason as afore, I will treat

W.P.(C)No.8716/2021 as the lead case; and all

reference to parties and documents in this judgment

will be as arrayed and produced in the said writ

petition, unless otherwise specifically said.

4. The petitioner says that, as per the

admission policy of the "Jawahar Navodaya WP(C) Nos.8716 & 11682/2021

Vidyalaya", only a student who had earlier studied

in a school in a "rural area" can obtain admission

therein by transfer; and therefore, that unless the

2nd respondent - Tahsildar issues her a certificate

to that effect, she would be denied admission; and

consequently, that her future would be jeopardized.

5. The petitioner, therefore, prays that the

2nd respondent - Tahsildar, who is the

jurisdictional officer for the area where her former

school is situated, be directed to issue a 'Rural

Certificate' at the earliest.

6. The learned counsel for the petitioner,

Shri.Manas P.Hameed, pointed out that his client is

edificing her case on Ext.P2 provisional certificate

issued by the Tahsildar, Taliparamba; on Ext.P5

certificate issued by the Secretary of the

Kuttiattoor Grama Panchayat and on Ext.P8 judgment

of this Court in W.P(C)No.26835 of 2015. He

submitted that, in Ext.P2, the Tahsildar,

Taliparamba, has crystally certified that his

client's earlier School is situated within a Grama WP(C) Nos.8716 & 11682/2021

Panchayat, which is a "Rural Area"; and that this

has been reiterated in Ext.P5 certificate of the

Kuttiattoor Grama Panchayat. He then argued that, as

is evident from Ext.P8 judgment, this Court has

already found that if the area where the earlier

School situates, is not notified as an 'Urban Area'

under the Delimitation Act or under the Kerala

Panchayat Raj Act, the Tahsildar is bound to grant

his client a 'Rural Certificate", without relying on

the Census data.

7. Shri.Manas P.Hameed then explained that, in

this case, the sole reason why the certificate has

been denied to his client is because, in Ext.P3, the

Tahsildar, Taliparamba, has recorded that, as per

the 2011 census, the area where the earlier School

situates is an 'Urban' one. The learned counsel

submitted that this statement of the Tahsildar is

irrelevant because a learned Judge of this Court

has, as early as in the year 2012, delivered a

judgment in James N.X. & another v. District

Collector, Ernakulam and Others [2012(4)KHC 179] WP(C) Nos.8716 & 11682/2021

declaring affirmatively that areas in a Panchayat,

notified under Section 10(3)(A) of the Kerala

Panchayat Raj Act, 1994, will have to be construed

as being 'Rural'. The learned counsel, therefore,

prayed that this writ petition be allowed.

8. The learned Government Pleader, Shri.Sunil

Kumar Kuriakose, responded to the afore submissions

of the petitioner by first admitting that he has no

information whether the area of the old School of

the petitioner has been included as an "Urban Area"

either under the Delimitation Act or as per the

Kerala Panchayat Raj Act. He, thereafter agreed

that, going by Ext.P5 certificate issued by the

Secretary, Kuttiattoor Grama Panchayat, the area

where the School is situated is included in its

territory and therefore, certified to be within a

'Rural Area'. The learned Government Pleader,

however, submitted that this may not be, by itself,

sufficient, because it will have to be first

verified whether the area is now a "Rural" one,

particularly because the Census Data of the year WP(C) Nos.8716 & 11682/2021

2011 shows it to be an "Urban one". He, therefore,

prayed that no further reliefs be granted in these

writ petitions.

9. Before I delve to the rival contentions of

the parties on its merits, I must record that, in

obedience to the interim order of this Court dated

07/04/2021, a certificate has been now issued to the

petitioner by the Tahsildar, showing her earlier

School to be situated in a "Rural Area", albeit

recording that this certificate is only a

provisional one, subject to the final outcome of

W.P.(C)No.8716/2021. Based on the said certificate,

the Principal of the "Jawahar Navodaya Vidyalaya"

has offered her admission, provisionally. This,

however, has lead to the petitioner to file W.P.

(C)No.11682/2021 alleging that the school is not

providing her with any of the benefits and

facilities being enjoyed by other students, since

they are treating her only a "provisional" admission

and not as a regular student.

10. Shri.M.K.Padmanabhan Nair, learned Standing WP(C) Nos.8716 & 11682/2021

Counsel for the "Jawahar Navodaya Vidyalaya",

submitted that his client has acted strictly in

accordance with the directions of this Court and

therefore, that only a provisional admission could

have been given to the petitioner, since the

Certificate produced by her from the Tahsildar is

also only provisional. He, submitted that,

therefore, the allegation of the petitioner in

W.P(C)No.11682 of 2021 that she has not been granted

any benefit of a regular student is meant solely to

confuse and is resultantly malafide. He, therefore,

prayed that these writ petitions be dismissed.

11. From the facts I have already narrated

above, it is limpid that there can be little doubt

that the School of the petitioner, where she had

earlier studied, is situated within the territorial

limits of the Kuttiattoor Grama Panchayat.

Therefore, going by James N.X. (Supra), as long as

the area is within a Panchayat, as notified under

Section 10(3)(A) of the Kerala Panchayat Raj Act, it

will be justified for the petitioner to claim that WP(C) Nos.8716 & 11682/2021

said area be construed as a "Rural" one. In fact,

this is the same view that has been carried forward

in Ext.P8 judgment in W.P(C)No.26835 of 2015,

wherein, another learned Judge of this Court has

found that if the area in question is not notified

as an "Urban" one under the Delimitation Act or the

Kerala Panchayat Raj Act, the candidate is entitled

to a 'Rural Certificate'.

12. As I have already indited above, the

respondents have no case that the area, where the

petitioner's earlier School situates, is now defined

as an "Urban" one under the Delimitation Act or the

Kerala Panchayat Raj Act. Consequently, I am

persuaded to the certain opinion that merely because

the Census Data of the year 2011 shows otherwise, as

long as the area in question is part of a Panchayat

and is notified as such under the Kerala Panchayat

Raj Act, there can obtain no reason why the

petitioner should not get the benefit of the

declarations in James N.X. (Supra), as also that in

Ext.P8 judgment produced along with W.P(C)No.8716 of WP(C) Nos.8716 & 11682/2021

2021.

In the afore circumstances these writ petitions

are ordered as under:-

(a) W.P(C)No.8716 of 2021 is allowed, declaring

that the certificate now produced by the petitioner

before the Principal of the "Jawahar Navodaya

Vidyalaya", from the Tahsildar, Taliparaba, will be

construed as being a final one and her admission

will be regularized; she being thus granted all the

benefits available to a regular student of the said

School.

(b) W.P(C)No.11682 of 2021 is consequently

closed without any further orders, in view of my

directions above.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/15.7 WP(C) Nos.8716 & 11682/2021

APPENDIX OF WP(C) 8716/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF ADMISSION FORM PROPOSED TO BE SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH THE CERTIFICATES ISSUED BY HEAD OF KAKNS AUP SCHOOL KUTTIATTOR, UNDERTAKING MADE BY THE PARENT OF THE PETITIONER AND THE MEDICAL CERTIFICATE ISSUED BY CIVIL SURGEON, COMMUNITY HEALTH CENTRE, MAYYIL.

EXHIBIT P2 TRUE COPY OF REPORT DATED 22.03.2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER DATED 24.03.2021 COMMUNICATED BY THE 2ND RESPONDENT TAHSILDAR TO THE MOTHER OF THE PETITIONER, DENYING RURAL CERTIFICATE TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, SHOWING THE PROCEEDINGS DATED 26.03.2021 OF THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF CERTIFICATE DATED 27.03.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER FOR THE PURPOSE OF PRODUCING BEFORE THE 2ND RESPONDENT FOR ISSUANCE OF RURAL CERTIFICATE.

EXHIBIT P6 TRUE COPY OF LETTER DATED 30.03.2021 GIVEN BY THE ELECTED PRESIDENT OF KUTTIATTOOR GRAMA PANCHAYAT TO THE PETITIONER FOR PRODUCING BEFORE THE 2ND RESPONDENT FOR THE PURPOSE OF ISSUANCE OF RURAL CERTIFICATE.

EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 30.03.2021 SUBMITTED BY THE PETITIONER'S MOTHER BEFORE THE 2ND RESPONDENT FOR ISSUANCE OF RURAL CERTIFICATE IN FAVOUR WP(C) Nos.8716 & 11682/2021

OF THE PETITIONER.

EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 12.10.2015 PASSED BY THIS HONOURABLE COURT IN W.P(C)NO.26835/2015.

WP(C) Nos.8716 & 11682/2021

APPENDIX OF WP(C) 11682/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF INTERIM ORDER DATED 7.4.2021 PASSED BY THIS HONOURABLE COURT IN W.P. (C) NO.8716 OF 2021

Exhibit P2 TRUE COPY OF RURAL CERTIFICATE DATED 9.4.2021 ISSUED BY THE TAHSILDAR, TALIPARAMBA TALUK.

Exhibit P3 TRUE COPY OF THE ADMISSION FORM SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF LETTER DATED 18.4.2021 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT REQUESTING TO PERMIT THE PETITIONER TO ATTEND THE ONLINE CLASSES.

Exhibit P5 TRUE COPY OF RTI REPLY DATED 21.4.2021 GIVEN BY PUBLIC INFORMATION OFFICER, TALIPARAMBA TALUK.

Exhibit P6 TRUE COPY OF LETTER DATED 7.4.2021 COMMUNICATED BY THE HEADMISTRESS, KAKANS AUP SCHOOL KUTTIATTOOR TO THE TAHSILDAR TALIPARAMBA.