Advocates:
['M/S S SILAMBU SELVAN', '', 'S A PALANINATHAN', 'A PRAKASH K C GANDHI &', 'G SAMPATH', 'M/S M VAIDHIYANATHAN', '', 'FOR R EMO', 'M/S G NAGARAJAN', 'T JEEVANANTHAN', 'A RAJA PERUMAL AGP', 'TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

W.P.No.8532 of 2018

and

W.M.P.No.10475 of 2018

Raeshmi.V.,

Minor, represented by

her father and natural guardian Venkatraman

.. Petitioner

Vs.

1. The Secretary,

The Department of School Education,

Secretariat, Fort St.George,

Kamarajar Road, Chennai.

2. The Director,

The Department of School Education,

DPI Buildings,

Nungambakkam, Chennai-600 006.

3. The Central Board of Secondary Education (CBSE),

Represented by its Assistant Secretary,

Regional Office:

New No.3, Old No.1630-A, J-Block,

Anna Nagar West,

16th Main Road, Chennai-600 040.

4. The Principal,

Kendriya Vidyalaya,

Air Force Station,

Sulur, Coimbatore District-641 401.

.. Respondents

Writ Petition filed under Article 226 of the Constitution

of India praying for issuance of a Writ of Mandamus to direct

the fourth respondent to give admission for the petitioner's

daughter, named Raeshmi.V., for the Class of 1st Standard for

the academic year 2018-2019 based on her Application Form

Enrolment ID No.280148988191, dated 18.03.2018.

https://hcservices.ecourts.gov.in/hcservices/

For petitioner : Mr.S.Silambu Selvan

For respondents : Mrs.V.Annalakshmi, Govt. Advocate

for RR-1 and 2

Mr.G.Nagarajan for R-3

Mr.M.Vaidyanathan for R-4

ORDER

The petitioner has come forward with the above Writ

Petition praying for issuance of a Writ of Mandamus to direct

the fourth respondent to give admission for the petitioner's

daughter, named Raeshmi.V., for the Class of 1st Standard for

the academic year 2018-2019 based on her Application Form

Enrolment No.280148988191, dated 18.03.2018.

2. It is the case of the petitioner that he is the father

of the student, namely daughter seeking for I Std. admission in

Kendriya Vidyalaya and she was born on 01.03.2013. The

petitioner is working as Marketing Manager in a private concern,

namely Sri Hari Polymers, Karanampettai, Coimbatore District and

that his wife has completed Ph.D. and working as an Associate

Professor in a private college. The petitioner applied on

18.03.2018 for admission of his daughter in I Std. and the

admission was shown in the provisional select list on 27.03.2018

and her name was found in Sl.No.44. She was called for admission

on 03.04.2018 and that the School has denied admission to the

petitioner's daughter on the ground that they are residing more

than 5 kms. radius away from the School. According to the

petitioner, the petitioner was residing in his own house which

is 7 kms. away and that after rejection of admission, they have

sifted to another house which is of 3 kms. radius from the

School. Learned counsel for the petitioner contended that in

similar situation, a Division Bench of this Court in W.A.No.678

of 2017, decided on 30.06.2017, has granted the relief to the

child and that admission to nursery schools, has become an

annual affair and finding that a growing bud should not be

denied the admission on the ground of distance being in excess

marginal and taking cognizance of the fact that the first

respondent's father therein, has got his residence relocated

within the radius of 3 Kms., which is well within the distance

criterion fixed by the School in that case, and based on that,

the appellant-School in that case granted provisional selection

of the first respondent therein, which deserved to be confirmed.

Further, according to the learned counsel for the petitioner,

such direction has been issued against the same School of

different branch. Hence the petitioner's daughter will have to

be admitted in the School in I Std. for the academic year 2018-

2019 based on the provisional selection.

https://hcservices.ecourts.gov.in/hcservices/

3. The third respondent has filed counter affidavit sta