JAMES N X Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners are aggrieved by Ext. P6 certificate given by the Tahsildar of the Taluk for the purpose of production before the third respondent for admission in Jawahar Navodaya Vidyalaya. Therein, it is certified that the school wherein the first petitioner is now studying, is situated in an urban area, whereas the contention of the petitioners is that it is only in a Panchayat and therefore it is only rural area. The petitioners are residing in Ward No. XI of Keezhmadu Grama Panchayat. The second petitioner is studying in Class VI in Christava Mahilalayam Higher Secondary School, Aluva which is situated in Ward No. III of Keezhmadu Grama Panchayat. In the selection test conducted by the third respondent, the second petitioner is placed at rank No. 62 and a letter of provisional selection has been issued as per Ext. P3. Ext. P4 is the copy of the certificate from the school wherein she is studying and Ext. P5 is the copy of the certificate issued by Keezhmadu Grama Panchayat, and both these confirm that the school wherein the second petitioner is now studying, is within a rural area.

(2.) Mainly it is pointed out in the Writ Petition that since the Grama Panchayat is one constituted as an institution of self Government under Arts. 243(d) and 243B for 'rural areas', all the areas coming within the territory of the Grama Panchayat have to be reckoned as a rural area. It is also stated that issuance of certificate on the basis of urban primary census extract is not legally permissible. The petitioner has got a further contention that even if the census data is accepted, the criteria prescribed therein to reckon an area as urban is not satisfied in this particular case.

(3.) In the counter affidavit filed on behalf of the third respondent, mainly it is contended that in the application, the petitioners have shown the location of the present school as 'rural', based on which the application was admitted for the selection process and going by the eligibility condition for admission in Class VI under rural quota, the candidate must have studied and passed Classes III, IV and V from a Government/Government aided/Recognised school spending one full academic session each year in a school located in rural area. The stand taken further is that Ext. P6 certificate issued by the Tahsildar will show that the location of the school is in an urban area.