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MP’s recommendation clashes with admission policy

Legal Correspondent

Supreme Court to go into question of law

New Delhi: The Supreme Court will examine whether a member of Parliament can recommend admission of students to a Kendriya Vidyalaya (KV) outside his constituency under the Special Dispensation Scheme. At present a Lok Sabha member can recommend admission of two eligible children in his constituency to a KV there. A Rajya Sabha member can recommend admission to any KV within the State.

On Thursday, a Bench, consisting of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam, stayed a Kerala High Court order issuing contempt notices to the Commissioner of Kendriya Vidyalaya Sangathan (KVS) and two others and directing their appearance on September 16 for not granting admission to children, recommended by Thrissur MP C.K. Chandrappan, in the KV in the Ottapalam constituency. The Bench posted the matter to September 22.

In its special leave petition, the KVS said the MP could not make recommendations for admission to a KV in another constituency.

Acting on a writ petition from R. Narayanakutty, father of one of the two boys recommended by the MP, a single judge of the High Court directed the KVS to admit the child, considering that there was no KV in Thrissur. A Division Bench rejected the KVS appeal.

Contempt notice

As the order was not implemented, a contempt petition was filed and the High Court issued notice to the KVS Commissioner, New Delhi; the Assistant Commissioner and the Principal of the KV in Ottapalam.

In its SLP against the July 31 judgment and the contempt notice, the KVS said granting admission on the basis of the High Court order would be against the sangathan’s policy decision.

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