Peggy Fen vs Government of Kerala and Principal, Chinmaya Vidyalaya

T.R. Ramachandran Nair, J.—The petitioner is the mother of Miss. Sivakami, who is seeking for admission to Lower Kinder Garten in the school under the fourth respondent. It is the case of the petitioner that after verification and interview, the petitioner''s daughter got admission in the school as per Admission No.3342 and a fee of Rs.13,250/0 was also remitted as evident from Ext.P1 chalan. Because of the subsequent objection by the Principal that the ward will have to complete four years of age, the petitioner has approached this Court seeking for various directions.

The stand taken by the Principal, viz. the fourth respondent herein, is that in the light of Ext.R4(b), it is clear that after completion of two years study in L.K.G. and U.K.G., admission can be given to Standard I only if the student reaches the age of six years as on 1st of June of the relevant year. Ext.R4(b) is the circular issued by the State Government in terms of the provisions under the Right to Information Act.

The learned Standing Counsel for the Central Board of Secondary Education, viz. the additional fifth respondent also explained that the instructions issued by the State Government in the matter, should be strictly followed by the schools. In that view of the matter, unless the petitioner''s daughter is of the age of four years, even if she is admitted now, will not be able to get an admission in Standard I after two years. Learned counsel appearing for the fourth respondent pointed out that the school has already promised that she will be admitted in the next year (2013-2014) which is evident from Ext.R4 (b), which was agreed by the petitioner, as per the endorsement therein. The same will be honoured by the school. With regard to the fee remitted by the petitioner, learned counsel for the fourth respondent submitted that if the petitioner is interested in getting back the amount, the same can be repaid for remittance in the next year. Learned counsel for the petitioner submitted that the petitioner is not interested in getting back the amount.

In that view of the matter, the writ petition is disposed of recording the submission made by the fourth respondent that the petitioner''s daughter will be admitted to L.K.G. class in the next year, viz. 2013-2014. No costs.