Mohd. Khairul Basar v. Kendriya Vidyalay Sangathan

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1777 of 2019 • Mohd. Khairul Basar S/o Late Shri M.D. Wakil Aged About 46 Years R/o House No. 535, Sahara Vihar, Kasimpara, Bilaspur Chhattisgarh ---- Petitioner

Versus

1. Kendriya Vidyalay Sangathan Through Its Principal R.T.S. Colony, Railway Area, Gurunanak Chowk, Torwa, Bilaspur, District Bilaspur Chhattisgarh

2. Principal Kendriya Vidhyalaya, Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Goutam Khetrapal, Advocate For Respondents :

Ms. Deepali Pandey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/05/2019

1. Heard.

2. The present petition is for seeking a direction to the respondents to consider the case of the son of the petitioner for his admission in class I in Kendriya Vidyalaya, Nanak Chowk, Torwa, District Bilaspur. It is prayed that the respondent authorities may be directed to consider the case of the son of the petitioner namely Mohd. Farhan Bashar for admission in Class-I for the session 2018-19.

3. It is stated that due to inadvertence the petitioner and his wife both applied for

admission of their son separately on 05.03.2019 and 11.03.2019 bearing different application numbers. Subsequently, in the post lottery system the name of the son of the petitioner found place at serial Nos.30 & 32 respectively, however, since the name appeared at two places, therefore, the admission was not given. Prayer is made to give admission to the son of the petitioner namely Mohd. Farhan Bashar for his admission to class - I for the session 2019-20.

4. Learned counsel for the respondents, on instructions, would submit that as per the guidelines /instructions of the admission, the declaration is given wherein it is stated that if more than one application has been submitted, all applications of the child to the same school will be considered null and void. For perusal the said instructions are placed on record and the declaration is reproduced hereunder:- • I understand that if multiple applications for the same child have been submitted for the same school, all applications of the child to the same school will be considered null and void. she would further submit that if such practice is allowed it would be a wrong trend.

5. Perused the instruction/declaration, which was required to be submitted before filing of the application. The said instruction points out that if more than one application is filed of a child for the same school, it would be considered null and void. Admittedly in this case two applications were filed by the petitioner i.e. one by the petitioner and second by his wife and the name of the son of the petitioner appeared twice in the list, therefore, in the facts of this case since

multiple applications were filed for the same child and school, therefore, no relief can be granted.

6. Accordingly, the petition is dismissed.

Sd/- Goutam Bhaduri Judge Ashu