BHAWESH Vs. COMMR CENTRAL SCHOOLS NEW DELHI

JUDGEMENT

(1.) Bhawesh Dhankar (minor) has approached this Court through his natural guardian mother, Smt. Murti Dhankar, Instructor in Hindi. Air Force Station 8th Wing, Adampur, District Jullundur, for the issuance of a writ of mandamus commanding the Commissioner and Assistant Commissioner of Central Schools, and the Principals, Central School Nos. I and II, Adampur, to admit the petitioner to the Ist Standard, being the son of a Central Government employee posted at the Air Force Station, Adampur. The petitioner is five years' old and his mother has been working as Hindi Instructor for the last about three years at the Air Force Station School at Adampur.

(2.) According to the petitioner, there are about two hundred seats available for admission to the Ist Standard but only 162 students have so far been admitted and 39 seats are still lying vacant against which admissions have yet to be made. According to the guide lines for admission to the Central Schools (Kendriya Vidyalayas) issued by the Board of Governors of the Kendriya Vidyalaya Sangathan on 27th Mar. 1987, as revised and modified on 17th June, 1987 (Ann. R-2), admission priorities in the Kendriya Vidyalayas have been provided as under :- "Kendriya Vidyalayas in Defence and Civil Sectors :- i) Children of transferable Central Govt. employees including defence personnel,

(3.) Admittedly, petitioner Bhawesh Dhankar's mother Mrs. Murti Dhankar, has been serving as Hindi Instructor with effect from 12th Oct. 1984, and her post is transferable throughout India as per exigencies of service. It has further been admitted that the application of the petitioner for admission to the Air Force Station School at Adampur was received in time and there is no other recognised school either at Adampur or in the vicinity of the Air Force Station where the five years' old petitioner could be got admitted for education. Despite all this, the respondents have not admitted the petitioner to any of the two Air Force Station Schools at Adampur for the reason that even though the post held by the mother of the petitioner may be a transferable one, yet she has not undergone at least one transfer during the preceding seven years. The ground on which admission has been refused to the petitioner is wholly non-existent as the total service of the petitioner's mother is hardly three years which would mean that unless she puts in service for seven years and is subjected to transfer at least once during that period, she cannot have her son admitted in a Kendriya Vidyalaya, no matter she may herself be an Instructor in Hindi in the Air Force Station School at Adampur itself. Moreover, the transfer of a Central Government employee is not within the control of the employee and it is the exclusive discretion of the Central Government or its various authorities to consider as to whether a particular employee has to be transferred from one place to another in the exigency of administration or not. Therefore, denying admission to the petitioner on the ground that though his mother has put in hardly three years' service while serving on a transferable post, yet she does not fall within the definition of "transferable Central Government employee" as she has not undergone at least one transfer during the preceding seven years, would be wholly arbitrary, unjust and leading to perverse results.