Allowed

Nayan Das and 2 Ors. v. the Union of India and 7 Ors.

Gauhati HC17 Jun 2019WP(C)/2562/2019

Case brief

AI extract

What is this about?

Gauhati HC employees filed a writ petition seeking admission for their children in Kendriya Vidyalayas under Category-3 priorities, relying on a 2014 order. The Court directed the Sangathan to include High Court employees in Category-3 and allotted specific vacant seats to petitioners' children pending implementation of guidelines.

What did the court decide?

Petitioners' children allotted vacant Class-I seats under Category-3; KVS directed to include High Court employees in Category-3 priorities by issuing a corrigendum.

Nayan Das and 2 Ors. Vs the Union of India and 7 Ors. — Education and Admissions | Gauhati HC (2019)

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GAHC010083992019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 2562/2019

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1:NAYAN DAS AND 2 ORS

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S/O. SHIBA DAS, R/O. PANJABARI, GUWAHATI-37, DIST. KAMRUP (M), ASSAM.

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2: KISHORI MOHAN RAY

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S/O. LT. BHUDHAR CH. RAY R/O. NARENGI GUWAHATI-26 DIST. KAMRUP (M) ASSAM.

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3: MANOJ KR. DAS

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S/O. LT. HARENDRA NATH DAS R/O PANJABARI GUWAHATI-37 DIST. KAMRUP (M) ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 7 ORS REP. BY THE SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT AND EDUCATION, NEW DELHI, PIN-06.

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2:THE KENDRIYA VIDYALAYA SANGATHAN REP. BY ITS COMMISSIONER SHAHEED JEET SINGH MARG NEW DELHI-16.

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3:THE KENDRIYA VIDYALAYA SANGATHAN

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EASTERN ZONES REP. BY ITS DY. DIRECTOR E.B. BLOCK LABONI SECTOR-1 SALT LAKE KOLKATA-64.

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4:THE KENDRIYA VIDYALAYA KHANAPARA REP. BY ITS PRINCIPAL KHANAPARA GHY.-22 ASSAM.

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5:THE KENDRIYA VIDYALAYA NARENGI REP. BY ITS PRINCIPAL NARENGI GHY.-27 ASSAM.

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6:THE KENDRIYA VIDYALAYA CRPF AMERIGOG REP. BY ITS PRINCIPAL 9TH MILE GHY.-23 ASSAM.

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7:THE KENDRIYA VIDYALAYA IOC NOONMATI REP. BY ITS PRINCIPAL NOONMATI GHY.-20 ASSAM.

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8:KENDRIYA VIDYALAYA SANGATHAN GUWAHATI REGION REPRESENTED BY THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI

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Advocate for the Petitioner : MR B D DAS

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HON' BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 17-06-2019

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Heard Mr. B D Das, learned Senior counsel assisted by Ms. K Phukan, learned counsel for the petitioners. Also heard Mr. S K Singha, learned CGC for the respondent No. 1 and Mr. S C Biswas, learned Standing counsel, Kendriya Vidyalaya Sangathan for the respondent Nos. 2 to 8.

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Article 229 of the Constitution of India relates to Officers and Servants and the expenses of High Courts. Article 229(3) provides that –

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The administrative expenses of a High Court, including salaries, allowances and pensions, payable to, or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.

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In terms of said provisions of Article 229 (3) of the Constitution, this Court by an order dated 27.06.2014 passed in WP(C) No. 2029/2014 held that for the purpose of admission of their children in Kendriya Vidyalayas, the employees of the Gauhati High Court shall be a part of Category-3 of priorities in admission in Kendriya Vidyalayas as per the Guidelines framed by the Kendriya Vidyalaya Sangathan for admissions in Kendriya Vidyalayas, which shall be subject to the availability of seats and other conditions of admission. The said order of the Court dated 27.06.2014 by efflux of time has attained its finality.

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In said WP(C) No. 2029/2014, (i) the Union of India, Ministry of Human Resource Development and Education, (ii) the Kendriya Vidyalaya Sangathan as well as its other functionaries and (iii) the Gauhati High Court were party respondents.

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The Kendriya Vidyalaya Sangathan (KVS) in its ‘Guidelines for Admission in Kendriya Vidyalayas for the Academic Session 2019-2020 & onwards’, did not place the employees of the Gauhati High Court under Category-3, in spite of the order of the Court dated 27.06.2014 passed in WP(C) No. 2029/2014, noted above.

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The petitioners herein are the employees of the Gauhati High Court and they applied for admission of their son and daughters in Class-I in Kendriya Vidyalayas at Khanapara, Narengi, CRPF - Amerigog and IOC - Noonmati. Since the KVS in its ‘Guidelines for Admission in Kendriya Vidyalayas for the Academic Session 2019-2020 & onwards’ did not include the employees of the Gauhati High Court under the category-3 of priorities in admission in Kendriya Vidyalayas, the petitioners had to apply under Category-4 for admission of their children in Kendriya Vidyalayas. But, before filling up the seats of Class-I in those Kendriya Vidyalayas, the petitioners have approached the Court in this writ petition to get the benefit of admission of their children under Category-3 in terms of the Order of the Court dated 27.06.2014 passed in WP(C) No. 2029/2014.

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Notice in this case was issued on 12.04.2019 and in the interim, it was directed to keep 1 (one) seat of Class-I under the Category-3 vacant in Kendriya Vidyalayas at Khanapara, Narengi, CRPF-Amerigog and IOC-Noonmati until further order.

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During pendency of this writ petition, Anayana Das, daughter of the petitioner No. 3 got her admission in Kendriya Vidyalaya, CRPF, Amerigog under the ‘Lone Female Child Category’.

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Pursuant to the order of the Court dated 04.06.2019, Mr. S C Biswas, learned Standing counsel, Kendriya Vidyalaya Sangathan has placed before the Court that the process for selection and admission in all the relevant Kendriya Vidyalayas are over and presently, there are two vacant seats in Class-I in Kendriya Vidyalaya, Khanapara, as two of the selected candidates did not take admission in that school.

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Considering the above and after hearing the parties, this writ petition is disposed of directing the respondents Kendriya Vidyalaya Sangathan and the authorities of Kendriya Vidyalaya, Khanapara to allow the son and daughter of the petitioner Nos. 1 and 2, namely, Himanga Kashyap Das and Riya Ray, respectively to take their admission in Class-I in Kendriya Vidyalaya at Khanapara, under the category-3 of priorities in admission as framed by the Kendriya Vidyalaya Sangathan in its Guideline for the purpose of admission in Kendriya Vidyalayas under it, in the event of the approach of the petitioners on or before 30.06.2019.

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It is further directed that the respondent Nos. 2 and 3, Kendriya Vidyalaya Sangathan in its Guidelines for Admission in Kendriya Vidyalayas shall include the employees of the Gauhati High Court under the category-3 of priorities in admission Kendriya Vidyalayas forthwith, in terms of the order and direction passed by this Court on 27.06.2014 in WP(C) No. 2377/2014, noted above, for the purpose of admission of sons and daughters of the employees of the Gauhati High Court in Kendriya

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Vidyalayas, if so required, by issuing necessary Corrigendum in that regard.

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With the aforesaid observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Nayan Das and 2 Ors. v. the Union of India and 7 Ors.

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Nayan Das and 2 Ors. v. the Union of India and 7 Ors.

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