Ladhu Ram Bishnoi v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.20296 & 20298 of 2022 Ladhu Ram Bishnoi ... Petitioner Vs.
1.The Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi - 110 016.
2.The Deputy Commissioner, IIT Campus, Regional Office, Chennai - 600 036.
3.The Principal, Kendra Vidhyalaya Mount Abu, Pilgrim Road, Chhotti Dhundayi, Mount Abu, Rajasthan - 307 501.
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4.The Principal, Kendra Vidhyalaya, No.1, Madurai.
5.The Principal, Kendra Vidhyalaya, No.2, Madurai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned letter dated 11.05.2022 issued by the second respondent herein and quash the same as illegal and consequently direct the second respondent to give the admission for the petitioner's three children, namely, Meenakshi Bishnoi in 8th sandard, Yeshvardhan Bishnoi in 5th standard, Abhinandan Bishnoi in 2nd standard for academic year 2022-2023 in the 4th and 5th respondents school. For Petitioner : Mr.A.Banumathy For Respondents : Mr.E.T.Rajendran Standing Counsel
ORDER
Heard both sides.
2.The petitioner is blessed with three children. They were studying in Kendriya Vidhyalaya Mount Abu, Rajasthan. On account of business 2/6
reasons, family had to be shifted to Madurai. The petitioner sought admission for his children in Kendriya Vidhyalaya, Thirupparankundram. The petitioner's request was negatived. The petitioner applied for review and that was also rejected. Challenging the stand of the School Management, the present writ petition came to be filed. 3.The learned Standing Counsel submitted that the academic year for which admission was sought has since expired. He also would point out that the reason for transfer is not in consonance with the norms followed by the Kendriya Vidhyalaya Schools. He also added during the relevant time there were no vacancies.
4.The petitioner had sought admission during the academic year 2022-23. The said academic year is over. Now we are in the academic year 2023-24. Obviously, no admission can be entertained at this point of time. The petitioner is permitted to submit a fresh online application for admission of his children for the next academic year 2024-25. I am conscious that Kendriya Vidhyalaya has certain norms and guidelines. For instance, preference will be given to the wards of the Central 3/6
Government employees who have been transferred to Madurai from other parts of the Country. Subject to such priority and subject to vacancies being available, the second respondent is directed to consider the petitioner's request for admission of his children for the academic year 2024-25. The reason that the petitioner had to take out his children from Kendriya Vidhyalaya Mount Abu, Rajasthan, for business purpose will not be put against him.
5.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
29.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi - 110 016.
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2.The Deputy Commissioner, IIT Campus, Regional Office, Chennai - 600 036.
3.The Principal, Kendra Vidhyalaya Mount Abu, Pilgrim Road, Chhotti Dhundayi, Mount Abu, Rajasthan - 307 501.
4.The Principal, Kendra Vidhyalaya, No.1, Madurai.
5.The Principal, Kendra Vidhyalaya, No.2, Madurai.
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G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)Nos.20296 & 20298 of 2022 29.11.2023 6/6