SOMASEKHARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners challenge denial of admission to their wards to school run by the respondents 2 and 3, shortly called 'FACT' hereinafter. FACT runs five schools known as the High School, Eastern U. P. School, Central U. P. School, Western U.P. School and Western L. P. School. Two of these are aided schools, while the other three are unaided schools. The cost of running these is funded by the FACT and some other sponsoring companies. According to FACT, the cost of running the schools works out to Rs. 4,000/- per student. The FACT has entered into agreement with sponsoring companies who contribute to the cost of running the schools. In consideration of this, children of employees of sponsoring companies, are admitted to the schools. Some of these companies have since backed out of their obligation to contribute to the running of the schools.

(2.) Ext. P1 shows that students are divided into three categories. The first category consists of children of employees of FACT, and second category children of employees of sponsoring companies. There is a third category, open to the public, into which children who do not belong to the two categories are admitted.

(3.) According to petitioners, who are employees of other companies, who once were sponsorers and no longer are, their children were denied admission solely on the basis of parentage. FACT falls within the ambit of Art.12 as has been held in Sophie's Case ( 1984 KLT 32 ). Therefore, it is argued that classification based on parentage behoves not, an authority under Art.12, as it is violative of the mandates of Art.14.