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HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
ELNA CHINCHU, – Appellant
Versus
KENDRIYA VIDYALAYA SANGATHAN – Respondent
WP(C)/15520/2022
Admission - Kendriya Vidyalaya Sangathan - Revised Admission Guidelines - The court held that the KVS cannot alter admission criteria adversely after the process commenced, violating the principles of fairness and legitimate expectation.
Fact of the Case:
Two young children were denied admission to Kendriya Vidyalayas based on newly instituted guidelines which were established after their applications were submitted and accepted, causing confusion and hardship.
Finding of the Court:
The court found that altering admission criteria mid-process was arbitrary and unreasonable, violating the children's legitimate expectations, particularly given that they had already begun the admission process.
Issues: Whether the revised admission guidelines could be applied to deny admission to children who applied under the previous guidelines without adequate notice.
Ratio Decidendi: Changes to admission guidelines after the closure of the application process violate principles of fairness, legitimacy, and legal expectation for admission.
Final Decision: The petitioners are entitled to admission in their respective schools for the academic year 2022-2023.
JUDGMENT
Two children of tender age have approached this Court challenging the action on the part of the Kendriya Vidyalaya Sangathan (‘KVS’ for short) in declining admission to them based on revised guidelines issued after the admission process had commenced.
2. As common issues are involved, both these writ petitions are taken up and disposed of by a common judgment.
3. The factual position, as far as it is relevant, is detailed hereunder:
W.P.(C) No.15520/2022 is filed by Elna Chinchu, a child aged 7 years, through her father. It is stated that she applied for admission to Class II in the Kendriya Vidyalaya, Rubber Board, Kottayam, in terms of the admission guidelines 2022-2023. Believing bona fide that she would secure admission, she obtained a transfer certificate from her former school. Based on Ext.P1 application and Ext.P2 transfer certificate, the 3rd respondent issued Ext.P3, allotting a unique ID, to the student. The child remitted the requisite amount and purchased school uniforms, textbooks etc. as is evident from Ext.P4 series bills. When the father of the child made an attempt to remit the school fees, he was shocked to find that the fee portal link issued to him had been blocked. When he approached the school authorities, he was informed that the admission granted to the child had been cancelled under the cover of a subsequent Government Order. In the said circumstances, representations were submitted before the respondents and he fervently requested that the admission already granted may not be cancelled and the minor child be permitted to join and pursue her studies. The petitioner states that her father is suffering from High-Grade Glioma Grade-III (Brain Tumor) and is physically and mentally weak. It is also contended that refusal to grant admission is illegal, irrational and arbitrary. It is in the above factual backdrop that this writ petition is filed seeking directions to the respondents to permit the petitioner to remit the school fees so that the child can continue studies in the respondent school for the academic year
2022 – 2023 onwards.
4. W.P.(C) No.15261 of 2022 is filed by Master Dhruv Sai Kiran, a child aged about 6 years through his father. It is contended in the writ petition that the child applied for admission in the Kendriya Vidyalaya at Payyannur. At the time of applying for admission, the admission formalities were regulated by Ext.P1 guidelines. The District Collector, Kannur, is the Chairman of the Managing Committee of the Kendriya Vidyalaya. As per clause 1 (xvii) of Part-B of Ext.P1, the Chairman of the Vidyalaya Management Committee is entitled to recommend a maximum of two admissions in the concerned Kendriya Vidyalaya/ Shift under his discretionary quota. These two admissions may be for admission in one class, or all classes put together. The only caveat is that the children so recommended should be eligible as per the Kendriya Vidyalaya Sangathan (KVS) Admission Guidelines (up to 30th of June). The petitioner asserts that he is otherwise eligible to get admitted to the I Standard of the School. After considering all the relevant facts, the District Collector, Kannur, issued Ext.P2 communication on 4.3.2022 to the Principal to include the name of the petitioner in the Chairman’s quota and to admit the child to the school. It is contended that as per Ext.P3 admission schedule issued by the 2nd respondent in the month of February 2022, the last date for online registration is 13/4/2022 and the declaration of provisional select and waitlist of registered candidates is on 29/4/2022. The petitioner contends that by the time the online registration window was closed, all other schools in the neighborhood had completed their admission formalities, and under no circumstances could the petitioner aspire for admission to those schools. The petitioner contends that as he had acted in terms of the guidelines issued by the 2nd respondent and he had a legitimate expectation that admission would b
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