KENDRIYA VIDYALAYA Vs. AYAN ABDULLAH USMANI & OTHERS

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 2(1) of the Madhya Pradesh Unchcha Nyalaya (Khand Nyapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the order dated 13.11.2018 passed by the learned single Judge of this court in W.P. No. 9785/2018 whereby the petition filed by the respondents no. 1 and 2 seeking admission in Class III has been allowed.

(2.) The facts leading to filing of this appeal are that the respondent No.1 & 2 after passing Class-II from respondent No.4 Jyoti Senior Secondary School, Rewa, obtained a transfer certificate as they were desirous of obtaining admission and pursing further study in the appellant school namely; Kendriya Vidyalaya No.1, Rewa. Admittedly and undisputedly as per Clause (4) of the guidelines for admission in Kendriya Vidyalaya issued by the Kendriya Vidyalaya Sangathan, New Delhi, which deals with the eligible age for admission, the minimum age for obtaining admission in Class-III has been prescribed as seven years as on 31st March of the year in which the admission is sought and as the date of birth of both two respondents who are twins is 03.04.2011, they were admittedly and undisputedly short by three days, out of which one day is relaxable, for obtaining admission in Class-III.

(3.) As the respondent Nos. 1 & 2 in this appeal did not fulfill the eligibility age criteria prescribed in the guidelines, the respondent Nos. 1 & 2 through their natural guardian and mother, voluntarily and on their own, applied for and obtained admission in the Class-II in the appellant school on 06.04.2018. The fact that the respondent Nos. 1 & 2 applied for and obtained admission in Class-II is evident from the letter of request dated 06.04.2018 (Annexure A/3) and is also clearly established from a perusal of the record of the appellant school which has been placed before us during hearing. It is also an undisputed fact that subsequent to obtaining admission in Class-II, the natural guardian of respondent Nos. 1 & 2 filed an application before the authorities of the appellant for granting admission to the respondent Nos. 1 & 2 in Class-III requesting the Principal of the appellant school to exercise his extraordinary power to relax the age criteria.