JAYASREE Vs. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner applied for admission of her daughter - Anusree - aged 5 years to Standard-I of Seetharam Upper Primary School ['the School' for short] situated in Palakkad District. The petitioner preferred the School for admission of her daughter as her elder son - Arun - is already a student of Standard-I of the same School. But Ext.P3 application has been rejected by Ext.P4 order of the fifth respondent Headmaster on the ground that permission of the Education Department is needed. Ext.P4 order further reflects that girl students are not normally admitted to the lower primary section even though the School is a mixed one. Ext.P4 order is challenged by the petitioner on the ground that it is violative of Rule 12 of Chapter VI of the Kerala Education Rules, 1959 ['the Rules' for short].

(2.) The fourth respondent Manager and the fifth respondent Headmaster of the School do not dispute the fact that the School is a mixed one as per the list of Schools maintained. But respondents 4 and 5 contend that no girl student has been admitted to the lower primary section of the school for years and that the same is confined to boy students. The availability of other schools in the neighbourhood are also pointed out by respondents 4 and 5 to contend that there is no necessity to give admission to the applicant.

(3.) I have heard Mr. George Abraham, Advocate on behalf of the petitioner, Mr. T. Ramaprasad Unni, Senior Government Pleader as well as Mr. K. Mohana Kannan, Advocate on behalf of respondents 4 and 5.