Page No.# 1/5 GAHC010047852025 2025:GAU-AS:2989 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1366/2025 BENIAMIN NURULLAH S/O- LATE ABDUS SALAM, R/O- VILL- BAMUNDONGRA, P.O.- HABODINGRA, DIST- BARPETA, ASSAM , PIN- 781308 VERSUS THE CHAIRMAN (REGIONAL ADVISORY BOARD, GUWAHATI REGION), KENDRIYA VIDYALAYA SANGTHAN AND 3 ORS. (GUWAHATI REGIONAL OFFICE), JAWAR NAGAR, KHANAPARA, GUWAHATI, ASSAM, PIN- 781022. 2:THE JOINT COMMISSIONER (ACADEMIC) KENDRIYA VIDYALAYA SANGTHAN (GUWAHATI REGIONAL OFFICE) JAWAR NAGAR KHANAPARA GUWAHATI ASSAM PIN- 781022. 3:THE DEPUTY COMMISSIONER (ACADEMIC) KENDRIYA VIDYALAYA SANGTHAN (GUWAHATI REGIONAL OFFICE) JAWAR NAGAR KHANAPARA GUWAHATI ASSAM PIN- 781022. 4:THE PRINCIPAL KENDRIYA VIDYALAYA BARPETA (PM SRI KV) GUWAHATI REGION KRISHNA NAGAR BARPETA TOWN Page No.# 2/5 ASSAM PIN- 781301 Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : SC, KVS, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 20-03-2025 Heard Mr. FZ Mazumder, learned counsel for the petitioner. Also heard Mrs. RS Chaudhury, learned counsel for all the respondents. 2. The petitioner’s grievance is that the Principal of the Kendriya Vidyalaya, Barpeta had denied admission to his son to Class-I, despite the petitioner being given a transfer certificate from the Kokrajhar Kendriya Vidyalaya, in which the petitioner’s son had been enrolled earlier. 3. The petitioner’s case is that the petitioner’s son was enrolled in Kokrajhar Kendriya Vidyalaya in Class-I, while the petitioner was posted therein as a Dealing Assistant of the Health Department, Government of Assam. The petitioner was thereafter transferred from Bongaigaon to Barpeta on 30.12.2024. On the request of the petitioner to grant transfer certificate to his son for allowing him to take admission in the Barpeta Kendriya Vidyalaya, the Kokrajhar Kendriya Vidyalaya issued a transfer certificate to the son of the petitioner. 4. The petitioner’s counsel submits that in terms of the “Guidelines for Admission in Kendriya Vidyalayas”, the petiitoner’s son would have to be Page No.# 3/5 accommodated in the Barpeta Kendriya Vidyalaya on the basis of the transfer certificate issued by the Kokrajhar Kendriya Vidyalaya. However, the Principal of the Barpeta Kendriya Vidyalaya has denied admission to the petitioner’s son. 5. Mrs. RS Chaudhury, learned counsel for the respondents submits that the grant of admission to the son of the petitioner to Class-I would have to be subject to the “Guidelines for Admission in Kendriya Vidyalayas” and in terms of Part-A of the guidelines, only 40 students are allowed to be enrolled in Class-I of the Kendriya Vidyalayas. However, in terms of Part-B, which is a special provision under the “Guidelines for Admission to Kendriya Vidyalayas”, certain categories of students whose parents are serving in certain organizations can be admitted to Class-I, over and above the class strength of 40 mentioned in Part-A of para 5 of the admission guidelines. However, the petitioner does not come within the provision of Part-B of the “Guidelines for Admission to Kendriya Vidyalayas”. 6. Mrs. RS Chaudhury, learned counsel for the respondents also submits that the students’ attendance sheet of Class-IA and Class-IB of the Barpeta Kendriya Vidyalaya, shows that there are 46 students in Class-IA and 44 students in Class-IB, which is over and above the 40 students allowed for Class-I, in terms of the guidelines for admission in Kendriya Vidyalayas. 7. Mrs. RS Chaudhury, learned counsel for the respondents also submits that though the petitioner’s son was enrolled in the Kokrajhar Kendriya Vidyalaya, he had attended only 4 out of the 312 classes held therein. Despite the dismal class attendance record, the petitioner had not cancelled the seat of his son in Kokrajhar Kendriya Vidyalaya. She also submits that the petitioner’s son can Page No.# 4/5 complete his current academic term in the Kokrajhar Kendriya Vidyalaya, i.e., till 31.03.2025. 8. I have heard the learned counsels for the parties. 9. In terms of the “Guidelines for Admission in Kendriya Vidyalayas”, the class strength for Class-I is upto 40 and for all other classes it is 45. Part-B of the “Guidelines for Admission to Kendriya Vidyalayas”, provides for admission of students over and above the class strength of 40 in Class-I, if the parents come within the provision of Part-B of Clause-1 of the Guidelines. However, the petitioner does not come within Part-B of Clause-I of the Guidelines. 10. The transfer certificate issued to the petitioner’s son by the Kokrajhar Kendriya Vidyalaya shows that the petitioner’s son had only attended 4 classes out of the 312 classes that had been held in the School in Class-I. 11. The above being said, the fact remains that the “Guidelines for Admission to Kendriya Vidyalayas” provides for admission of only a certain number of students to Class-I and as the number of students in the said classes have been filled up in terms of the Guidelines, there is no ground for this Court to direct the State respondents to go beyond the Guidelines, which have been made to guide the respondents in the admission of students. The State respondents are bound by the guidelines and would have to adhere to it. 12. In view of the above reasons, this Court does not find any ground for this writ Court to exercise its discretion. Further, the petitioner always has the liberty to admit his son to another School and it does not have to be a Kendriya Vidyalaya, in violation of the “Guidelines for Admission made for Kendriya Page No.# 5/5 Vidyalayas”. 13. In view of the reasons stated above, the writ petition stands dismissed. However, in the event, that there is any vacancy in Class-II in the Barpeta Kendriya Vidyalaya for the Academic Session 2025-2026, for children belonging to parents falling under Part-A of Category-3 of the “Guidelines for Admission to Kendriya Vidyalayas”, the petitioner’s son should be considered for the said vacancy along with all other eligible children. JUDGE Comparing Assistant