Writ petitions challenging age cut-off dates for Kendriya Vidyalaya Class I admissions were disposed of. The Court upheld the uniform rule based on the Ganguly Committee report and dismissed claims of unreasonableness.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 W.P.(C).No. 7631 of 2008(H) ---------------------------------
PETITIONERS: ---------------
1. SMT. ANAGHA T.J., MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI.JAGATHJEEVAN THEKKATHARA HOUSE, CHITTUR COLLEGE PO, CHITTUR PALGHAT.
2. SRI. JAGATHJEEVAN T.K. THEKKATHARA HOUSE, CHITTUR, PALGHAT DISTRICT.
BY ADV. SRI.M.C.GOPI
RESPONDENTS: -----------------
1. THE PRINCIPAL, KENDRIYA VIDYALAYA KANJIKODE, PALGHAT DISTRICT.
2. THE OFFICER-IN-CHARGE KENDRIYA VIDYALAYA SANGETHAN, I.I.T. CAMPUS CHENNAI-36.
3. THE DIRECTOR KENDRIYA VIDYALAYA SANGETHAN, NO.18 AREA NEW DELHI-110 016.
BY ADV. SRI.V.V.ASOKAN, SC ADV. SRI. DEVAN RAMACHANDRAN, SC
THIS WRIT PETITION (CIVIL) HAVING C OME UP FOR ADMISSION ON 02/04/2008, ALONG WITH WPC NO.9901 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
===============
W.P.(C) NOs. 7631 & 9901 OF 2008
=======================
Dated this the 2nd day of April, 2008
J U D G M E N T
The prayers in these writ petitions are for quashing Ext.P4 to the extent it prescribed 31st of March, 2008 as the cut off date for completing 5 years of age for admission to Class I in the Kendriya Vidyalaya Schools, which are the respondent Schools. Petitioners are pre-primary students and according to them on account of the fixation of 31st of March, 2008, the date for completing 5 years for admission to Class I now introduced as
per Ext.P4 in WP(C) No.9901/08, they will be ineligible and there is no possibility of their getting admission to primary classes.
extent relevant reads as follows:
The child must be 5 years old as on 31st March of the calendar year if the admission is sought in Class I; and 4 years old if admission is sought for Pre-Primary class.
For the remaining classes the eligible age will be calculated as on 30th September.
Petitioners submits that going by the norms which were in vogue, a child
should have completed atleast 5 years as on 30th of September, and that
WPC 7631 & 9901/08
:2 :
the said norms are now been revised requiring completion of 5 years as on 31st of March. It is contended that in terms of the examination bylaws which are required to be followed as per the affiliation bylaws and in particular Clause 6 thereof, a student should satisfy the requirements of age limit as determined by the State/Union Territory Government and applicable to the place where school is located. It is submitted that in so far as Kerala is concerned, going by Kerala Education Rules, the age requirement to be satisfied is as on 1st of June and therefore, at any rate the prescription of 31st of March now introduced in Ext.P4 cannot be sustained. The contentions similar are also raised by the petitioner in WP (C) 7631/08.
:3 :
WPC 7631 & 9901/08
earlier in the norms of CBSE was the subject matter of litigation before the Delhi High Court. Delhi High court had appointed Ganguly Committee under the Chairmanship of the Chairman of the CBSE itself. The committee submitted its report to the High Court which was accepted by the Delhi High Court by its order dated 26/9/2007, the relief portion of which reads as under.
That the cut off date for the calculation of age should be 31st March of the year of admission. A child should have completed four years on or before 31st March of the year of admission to be considered eligible for gaining admission to pre-primary class. A child should have completed a minimum of five years on or before 31st March of the year of admission to be considered eligible for gaining admission to Class I. The cut off date of 31st March will be of the academic year for which admission will be taken.
:4 :
WPC 7631 & 9901/08
Vidyalaya Schools including those affiliated to CBSE are concerned, they are all following a uniform system in the matter of age requirement. It is not as though this condition has been prescribed without any application of mind. As already noticed, the Ganguly Committee appointed by the Delhi High Court had gone into the matter, conducted detailed studies and submitted its report to the Delhi High Court which was accepted by that court. It is therefore that it is to maintain uniformity that Kendriya Vidyalaya authorities resolved to implement the said decision in so far as their schools are concerned. The decision so arrived at on the materials available before the Kendriya Vidyalaya Sangathan cannot be faulted and I do not find any reason to interfere with the prescription of age which is now uniformly followed by all Kendriya Vidyalayas in the country.
then an individual hardship will not invalidate a rule. It is now submitted by the counsel for the petitioner in WP(C) No.9901/08 that in so far as other similarly situated students of the 1st respondent school are concerned, they are all allowed to continue in the pre-primary school for one more year. Counsel appearing for the Kendriya Vidyalaya Sangathan
WPC 7631 & 9901/08
:5 :
submitted that similar treatment will be given to the petitioner in WP(C) 9901/08 also.
if they want to have similar treatment, it will be open to them to move the school authorities, in which case, their requests will be duly considered and orders passed.
Writ petitions are disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp
2 issues framed by the court
Whether the Kerala High Court can quash Kendriya Vidyalaya's admission age rule fixing 31st March as the cut-off date.
Whether the new cut-off date of 31st March causing individual hardship to petitioners validates an intervention in the uniform CBSE rule.
ANAGHA T.J
JAGATHJEEVAN T.K
THE PRINCIPAL, KENDRIYA VIDYALAYA KANJIKODE
THE OFFICER-IN-CHARGE KENDRIYA VIDYALAYA SANGETHAN
THE DIRECTOR KENDRIYA VIDYALAYA SANGETHAN
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
