SAIVI (MINOR) Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the son of the second petitioner. The first petitioner was attending the kindergarten attached to King's School, Kottiyam, hereinafter referred to as 'the school' for short. The case set up by the petitioners in the writ petition is that since the first petitioner was attending the Kindergarten attached to the school, he is entitled to admission in the first standard of the school and that he is denied admission to the first standard on the sole ground that he refused to pay the donation of Rs.40,000/ - demanded by the school towards their building fund. According to the petitioners, the demand of money for giving admission to the first standard is against the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009, 'the Act' for short. It is alleged by the petitioners in the writ petition that the second petitioner has addressed representations to the Government as also to the Director of Public Instructions, pointing out the illegal demand of the school and no action, whatsoever, has been taken by the said authorities on the said representations. The petitioners, therefore, pray for a declaration that the conduct of the school in demanding Rs.40,000/ - towards building fund as a condition for admitting the first petitioner in the first standard is against the provisions of the Act. They also claimed a direction to the school to admit the first petitioner in the first standard in the academic year 2016 -'17 without insisting any payment.

(2.) When this writ petition came up for admission on 6.6.2016, having regard to the provisions contained in the Act, this Court passed an interim order directing the school to admit the first petitioner provisionally in the first standard, pending adjudication of the writ petition.

(3.) On 10.6.2016, a detailed counter -affidavit has been filed by the school in this case contending, among others, that the school has two sections, namely kindergarten section and primary section; that separate admission processes are adopted for the kindergarten section as also the primary section; that the application forms required to be submitted by the students who seek admission to the primary section were distributed to all the students in the kindergarten section during the academic year 2015 -'16 itself; that a notice was also issued along with the application forms stating that those who wish to get admission to the primary section of the school shall submit their applications on or before 25.11.2015, indicating clearly that if the applications are not submitted within the aforesaid time limit, it will be presumed that they do not require the admission; that out of 105 students in the kindergarten section of the school, 94 alone applied for admission to the primary section; that the first petitioner has not applied for admission to the primary section and that the classes for the primary section of the school have commenced on 01 -06 -2016. It is also pointed out in the counter -affidavit that the elder sister of the first petitioner is studying in the school and the second petitioner has submitted all the applications required for her, well on time. In other words, according to the school, the writ petition is the result of an after thought and that the interim order has been obtained by the petitioners suppressing material facts.