Neutral Citation No. - 2025:AHC-LKO:37163 Court No. - 7 Case :- WRIT - C No. - 6110 of 2025 Petitioner :- Anvita Yaduvanshi Thru. Her Father Janardan Prasad Yadav Respondent :- Union Of India Thru. Secy. Ministry Education New Delhi And 3 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- A.S.G.I.,Pushpila Bisht Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Ms. Pushpila Bisht, learned counsel appearing for respondent nos.2, 3 & 4. 2. Submission of learned counsel for the petitioner is that the petitioner was studying in Kendriya Vidyalaya at Shravasti and as her sibling and mother is staying at Gonda, she was desirous of staying with her mother and studying at Gonda where her sibling was studying, as such, a transfer certificate was sought from the Kendriya Vidyalaya at Shravasti, however, the Kendriya Vidyalaya at Gonda rejected her contention of the ground that it was not "transfer involved of parents". 3. Contention of learned counsel for the petitioner is that the case of the petitioner ought to have been considered on the ground that the sibling is studying at Kendriya Vidyalaya at Gonda, however, no consideration was accorded on the said count. 4. Ms. Pushpila Bisht, learned counsel for the respondents draws my attention to the admission guidelines of 2024 - 25 & 2025 - 26 to argue that the case of the petitioner would fall under Clause 7(A)(iii), which is as under: "7. (A) ADMISSION WITH KV TRANSFER CERTIFICATE: ... iii) In all other cases where transfer of the parent is not involved (including the Priority Category V in Civil/Defence Sector KV and Category VI in Project/IHL Sector KV), the admission with KV TC would be done only with the prior approval and reallotment of KV by the Deputy Commissioner of the Region concerned, on the merit of the case, subject to the class strength of 45. However, such restriction of class strength i.e. 45 is not applicable on sibling cases." 5. It is argued on behalf of the respondents that as the prior approval was not sought by the Deputy Commissioner, even in terms of the said clause, the case of the petitioner could not be considered and was rightly rejected by the Deputy Commissioner. 6. Considering the fact that the future of the child is involved, the matter is relegated to the Deputy Commissioner concerned to pass a fresh order taking into consideration the plea of the petitioner that her sibling is studying at Gonda alongwith the mother. 7. The Deputy Commissioner shall consider the case of the petitioner sympathetically and shall not reject the representation solely on the ground that no prior approval was sought. 8. Fresh order, as directed above, shall be passed by the Deputy Commissioner within a period of two weeks from today. 9. Present petition stands disposed off in above terms. Order Date :- 2.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench