AJAY GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the father of Master Niranjan Krishnan. The child is aged 5 years 4 months and 27 days as on the date of filing of the Writ Petition, his date of birth being 3.1.2007. The child is studying in the Kinder Garten in the Bharatiya Vidya Bhavan School, Kozhikode. The school authorities insisted that only children who have attained the age of six years as on 1.6.2012 will be admitted to Class I. The said stand taken by the school is in tune with the Government order Exhibit p1.

(2.) The petitioner has raised various contentions in the Writ Petition. It is the main contention that the school is an unaided school and the Act is not applicable to the petitioner's school. It is further pointed out that as per provisions of Section 12 of the Central Act, at least 25% of the children who are belonging to weaker and disadvantageous sections are to be admitted to Class I.

(3.) Heard the learned Government Pleader, the learned counsel for the 3rd respondent and the learned Standing Counsel for additional respondents 4 and 5, the CBSE.