RAESHMI V Vs. SECRETARY, DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the fourth respondent to give admission for the petitioner's daughter, named Raeshmi.V., for the Class of 1st Standard for the academic year 2018-2019 based on her Application Form Enrolment No.280148988191, dated 18.03.2018.

(2.) It is the case of the petitioner that he is the father of the student, namely daughter seeking for I Std. admission in Kendriya Vidyalaya and she was born on 01.03.2013. The petitioner is working as Marketing Manager in a private concern, namely Sri Hari Polymers, Karanampettai, Coimbatore District and that his wife has completed Ph.D. and working as an Associate Professor in a private college. The petitioner applied on 18.03.2018 for admission of his daughter in I Std. and the admission was shown in the provisional select list on 27.03.2018 and her name was found in Sl.No.44. She was called for admission on 03.04.2018 and that the School has denied admission to the petitioner's daughter on the ground that they are residing more than 5 kms. radius away from the School. According to the petitioner, the petitioner was residing in his own house which is 7 kms. away and that after rejection of admission, they have sifted to another house which is of 3 kms. radius from the School. Learned counsel for the petitioner contended that in similar situation, a Division Bench of this Court in W.A.No.678 of 2017, decided on 30.06.2017, has granted the relief to the child and that admission to nursery schools, has become an annual affair and finding that a growing bud should not be denied the admission on the ground of distance being in excess marginal and taking cognizance of the fact that the first respondent's father therein, has got his residence relocated within the radius of 3 Kms., which is well within the distance criterion fixed by the School in that case, and based on that, the appellant-School in that case granted provisional selection of the first respondent therein, which deserved to be confirmed. Further, according to the learned counsel for the petitioner, such direction has been issued against the same School of different branch. Hence the petitioner's daughter will have to be admitted in the School in I Std. for the academic year 2018-2019 based on the provisional selection.

(3.) The third respondent has filed counter affidavit stating that it is an issue to be resolved between the Kendriya Vidyalaya and the petitioner and that the CBSE has no role to pay in the matter of admission in the present case on hand.