The main legal point established in the judgment is the requirement that the distance between the school and the petitioner's residence should be within the '5 kms Radius' as per the guidelines, and the application of the principle of promissory estoppel in directing the admission of the petitioner.

JUDGMENT :

B.R. SARANGI, J.

1. The petitioner, being a minor, represented through his father guardian has filed this application seeking direction to the opposite parties to admit him in Standard-I in Kendriya Vidyalaya No. 2, CRPF Campus, Bhubaneswar from the academic session 2019-20, by quashing the order of rejection, as endorsed in Annexure-5, wherein reasons have been assigned for denial of admission that "(3) the distance found more than 5 Km (Google Search)" and "(4) More than 5 Km distance is one of the reason for denying admission under RTE category".

2. The factual matrix of the case, in hand, is that pursuant to notification issued by Kendriya Vidyalaya Sangathan (KVS), Bhubaneswar in the website inviting applications for admission in "KV Bhubaneswar No. 2" in Standard-I for the academic year 2019-20, the petitioner submitted his application through online along with testimonials on 17.03.2019 at 2.17 PM Accordingly, he was provided with an Application Submission Code bearing No. 190105140653133032. In the said application form, the date of birth has been indicated as 21.04.2013, gender-male, caste category-OBC (Non-Creamy Layer). Under the heading income group, it has been mentioned that "Do not belong to low income group" and under the heading of school details, it has been mentioned "KV Bhubaneswar No. 2", Region-Bhubaneswar. It has been mentioned under the headings sponsoring agency-CRPF, distance of the school from residence-less than or equal to 5 kms., and eligible for admission under RTE- 'Yes'. The said application was duly scrutinized by the authority and a provisional list of shortlisted candidate for admission to Standard-I (RTE candidates) for the session 2019-20 subject to verification of documents was published, in which the name of the petitioner was found place at sl. No. 36.

2.1. The first admission list for different categories was notified in the website of KV Bhubaneswar No. 2 on 09.04.2019. The petitioner appeared with his father on the date fixed for verification of documents and for admission. Pursuant to the first list dated 09.04.2019, the petitioner could not take admission, as the list was restricted up to sl. No. 30. Thereafter, second list was notified on 26.04.2019, wherein the name of the petitioner was found place at sl. No. 6, and the petitioner's-father was telephonically intimated to appear before the Authorized Officer on the scheduled date for verification and admission of the petitioner in Standard-I The petitioner's father appeared before the concerned officer and produced the original documents and also the "Google map" showing distance of the school from his residence as 4.63 km., but no admission was given to the petitioner by the school authority. On 01.05.2019, the petitioner's father approached the Principal to know the reasons for refusing admission in writing. On receipt of the application of the petitioner, the Principal sent the same to one Mr. A.K. Samal, I/c Admission stating therein to put up with details. In response to the same, Mr. A.K. Samal, I/c Admission stated that the application of the petitioner was rejected on the grounds that "(3) the distance found more than 5 Km (Google Search)" and "(4) more than 5 Km distance is one of the reason for denying admission under RTE category". Hence this application.

3. Mr. S.K. Rath, learned counsel for the petitioner contended that denial of admission to the petitioner on the basis of wrong assessment of "5 kms Radius" is absolutely misconceived one. The calculation made taking into consideration the distance of main road from CRPF campus to BDA colony, Chandrashekharpur, where the petitioner resides, is contrary to the advertisement/guidelines issued. Thereby, the reason for rejection is nothing but colourable exercise of power and to accommodate another candidate below the rank of the petitioner, as drawn on lottery