Kha-Ab. P.V vs The State of Kerala, The Director of Education and Principal

T.R. Ramachandran Nair, J.—The Petitioner herein is seeking for admission to Plus-I course to the Government Senior Secondary School in the Union Territory of Lakshadweep. It is stated that he is a native of Kiltan Island and belongs to a very poor family. He has completed S.S.L.C examination during the year 2008-09. He has also completed the age of 24 years.

Going by the relevant Educational Rules, namely, Rule 5(2) of Chapter VI of Kerala Education Rules, persons who have completed twenty years of age shall not be admitted to any school without the sanction of such authority as may be specified by Government by Notification in the Gazette. The Petitioner is also relying upon G.O.(MS). No. 446/98/G. Edn., dated 12/11/1998 which provides for getting relaxation/exemption in respect of upper age limit.

It is pointed out that the Petitioner earlier moved the third Respondent for getting admission to Plus-I course and the Government passed Ext.P5 order granting exemption. The said order is dated 09/07/2009. It is the case of the Petitioner that he was denied admission.

It can be seen that the Petitioner also approached Principal for getting admission this academic year. It is his case that the Principal wanted him to get relaxation and finally by Ext.P6, the Government of Kerala has exempted the Petitioner from upper age limit for seeking admission to Plus-I course. Thereafter, the Principal by Ext.P7 communication informed that his request for admission to Plus-I course cannot be granted for the year 2011-12.

The learned Counsel appearing for the Respondents submitted that the first term is almost over and the school is closing by 28/07/2011 for Ramzan.

The learned Counsel for the Petitioner submitted that the Petitioner''s case requires a:sympathetic consideration as for the successive years, he could not get admission to the school. The learned Counsel therefore prayed that this Court may direct the Respondents to admit the Petitioner.

Already, relaxation has been granted by the Government. The last date of admission is already over and, therefore, it is upto the Petitioner to move the Administrator of Union Territory of Lakshadweep or any other competent authority for granting admission this year itself. If a representation is filed along with a copy of this judgment before the competent authority, the same will be considered and appropriate decision will be taken within a period of two weeks from the date of receipt of the representation. The writ petition is disposed of as above. No costs.