K.S.MUHAMMED ROSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No. 20170/2017 is filed by a minor through his mother seeking directions to respondent No.5-the Headmaster of Jama-ath Higher Secondary School, Thandekkadu, to grant admission to the petitioner to Std.X. W.P.(C) No. 20591/2017 is filed by the Manager and the Headmaster challenging the orders issued by the educational authorities as well as the State Commission for Protection of Child Rights ('Commission' for short), Kerala directing them to admit the minor child in Standard X. The parties and documents referrred to in this judgment are as described in the W.P.(C) 20170 of 2017 unless otherwise specified.

(2.) The case of the petitioner is that he was a studying in S.N Public School, Poothotta in Std.IX and after clearing Std.IX in 2016-17, he obtained transfer certificate from that School on 29.05.2017. It is stated that the grandfather of the petitioner had by that time applied for admission in Std.X in the 5th respondent School, in the year 2017-18. Since the 5th respondent did not grant admission, the grandfather of petitioner, Sri. Abdurahman, approached the District Educational Officer (DEO) with a compalint Ext P2 and DEO, as per endorsement dated 27.05.2017 on Ext.P2, directed the Headmaster/5th respondent to take appropriate steps for admitting the petitioner. Since the petitioner was not admitted, the grandfather approached the Deputy Director of Education and by Ext.P3 order dated 08.06.2017, the Deputy Director of Education has also directed the 5th respondent to grant admission to the petitioner in accordance with Rule 19 of Chapter VI of KER. Simultaneously, the Headmaster was also asked to furnish explanation for not granting admission to petitioner. Immediately thereafter the petitioner submits Ext P4 representation before the Director of Public Instructions on 12.06.2017 and the Director of Public Instructions as per endorsement on Ext.P4 on the same day directed the Headmaster to admit the petitioner in accordance with the provisions in the KER and Right to Education Act and Rules at the earliest. On the very same day the Commission for Protection of Child Rights, also passes Ext.P5 order dated 12.06.2017, on a complaint from the petitioner, directing the 5th respondent to grant admission, emergently, pointing out the obligation of the 5th respondent to admit a pupil seeking admission to a school, after obtaining TC, under Rule 5 of chapter V KER and Section 15 of Right of Children to Free and Compulsory Education Act 2009 ('RTE Act' for short). The DEO is directed to ensure the admission of the petitioner. A report on the follow up action is called for on Ext P5 under Rule 45 of the Kerala State Protection of Child Rights Commission Rules, within a period of one week.

(3.) In the above circumstances, the Manager Jama-ath Higher Secondary School, Thandekkadu along with Headmaster has filed W.P.(C) No. 20591/2017, challenging the orders passed by the DEO, DDE and the Commission and the action initiated against the 5th respondent by the DEO and the DDE for not granting admission to the petitioner.