AISWARIYA Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) We have heard the learned counsel for the appellant. Under challenge is the judgment of the learned single Judge refusing to issue a direction in writ jurisdiction to admit the petitioner in any one of the schools under the Kendriya Vidyalaya Sangathan. The petitioner aged around seven years applied for admission to Kendriya Vidyalaya, Cochin Port Trust. That was not acceded to.

(2.) Kendriya Vidyalaya Sangathan maintains a particular modality of admission in, consonance with the object sought to be achieved by the constitution of Kendriya Vidyalaya Sangathan and establishment of schools by it. Top priority is granted to the children of Central Government and Public Sector Undertakings employees who are likely to be transferred within a particular time frame. The remaining seats will come down ultimately even to those children whose parents are not even Government servants.

(3.) The insistence of the petitioner is that in terms of Art. 21A of the Constitution of India and S. 3 of the Right of Children to Free and Compulsory Education Act, 2009, hereinafter referred to as the 'Act', the petitioner ought not to be denied admission in any school of her choice or the parents' choice. Adv. Basil Attipetty, dilating on the scope of the right to education incorporated as a particular fundamental right as per Art. 21A of the Constitution of India and S. 3 of the Act, argued that if establishments like Kendriya Vidyalaya Sangathan are given freedom to classify the children on the basis that it now does, that would amount to permitting a lottery to operate in defeasance of the constitutional provision and the statute. Reference is made by the learned counsel to the decision of the Delhi High Court in Jatin Singh v. Kendriya Vidyalaya Sangathan,2013 1 KerLT 65 SN (C. No. 52) Del. .