Kendriya Vidyalaya Sangathan, No. 18 vs Shanoob Kumar T
2024 Latest Caselaw 15022 Ker

Kerala High Court

Kendriya Vidyalaya Sangathan, No. 18 vs Shanoob Kumar T on 4 June, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                      WA NO. 744 OF 2024
AGAINST THE ORDER DATED 23.05.2024 IN WP(C) NO.17290 OF
2024 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENTS:

    1       KENDRIYA VIDYALAYA SANGATHAN, NO. 18,
            INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG,
            NEW DELHI - REPRESENTED BY ITS COMMISSIONER.,
            PIN - 110 016

    2       THE DEPUTY COMMISSIONER,
            KENDRIYA VIDYALAYA SANGATHAN, ERNAKULAM
            REGIONAL OFFICE, KOCHI -, PIN - 682 020

    3       THE PRINCIPAL,
            KENDRIYA VIDYALAYA NO. 1 EAST HILL, KOZHIKODE
            -, PIN - 673 005

            BY ADVS.
            T.K.SREEKALA
            V.V.ASOKAN (SR.)



RESPONDENTS/PETITIONRES:

    1       SHANOOB KUMAR T, AGED 45 YEARS
            S/O. ACHUTHAN NAIR THANAKANDIYIL HOUSE,
            IRIVALLUR P O, KOZHIKODE -, PIN - 673 616

    2       RENJUDEEPAK N, AGED 42 YEARS, S/O. RAMACHANDRAN
            NAIR NEDUVATHINA HOUSE, KURUVATTOOR, KAKKODI
            P.O, KOZHIKODE -, PIN - 673 611

    3       PRABHAKARAN K P, AGED 50 YEARS, S/O. SIVADASAN
            K P SOUPARNIKA HOUSE, EDAKULAM P O VIA
            KOYILANDI, KOZHIKODE -, PIN - 673 306
 W.A. No.744 of 2024

                                   ..2..



    4      LALU MALLIK, AGED 42 YEARS, S/O. CHEKKINI T M
           THEKKAYIL MEETHAL, KAKKUR, CHELANNUR P O,
           KOZHIKODE -, PIN - 673 613


        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.06.2024,    THE    COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.A. No.744 of 2024

                               ..3..




                      JUDGMENT

A. Muhamed Mustaque, J.

This is a peculiar case where peculiar relief has to be

granted by this Court, that too, at an interim stage. The

petitioners are the Army Personnel and they were working in

North India. They have been now shifted to hard station with

non family accommodation. Consequently, their families have

been shifted to the native place.

2. The petitioners are the natives of Kozhikode. They

sought admission for their children at Kendriya Vidyalaya and

the same has been rejected citing the guidelines in the

National Education Policy.

3. The learned Single Judge, after referring to the

guidelines issued by the Kendriya Vidyalaya Sangthan (KVS),

found that the issue is not covered by the guidelines and

therefore, ordered that the children of the writ petitioners shall

be admitted on provisional basis in Kendriya Vidyalaya,

Kozhikode. This is questioned by the Kendriya Vidyalaya

..4..

Sangthan in appeal.

4. It is to be noted that the schools re-opened and no

much time is left. There is no dispute to the fact that the

petitioners have been now deployed in hard stations and

consequent upon the same, their families have been relocated

to the native place.

5. We do not want to interfere with the interim order

granted. However, the writ petitioners' shall implead the

Union of India as well as the CBSE in writ petition so that they

can sort out these kind of issues which may arise in future.

With the above observations, this appeal stands

dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE PR