ORDER 1. They are heard. 2. This writ appeal has been filed against the order dated 16.9.2000 passed by the learned Writ Court in W.P. No. 2564/2010, whereby the writ petition of the petitioner has been dismissed. 3. The contention of learned counsel for appellant is that the son of appellant was given admission in Pre-Primary Class in Kendriya Vidyalaya No. 1, Gwalior and when the application form to get admitted his son in First standard was submitted, the admission has not been provided to the son of the appellant. The contention of learned counsel is that the practice of Kendriya Vidyalaya is to provide admission normally to the children who persuaded their attendance in Pre - Primary Class. Learned counsel further submits that the son of appellant is having fundamental right to get himself educated. 4. However, on bare perusal of the statue as well as the order passed by the learned Writ Court, we find that altogether different statutory Rules have been enacted to get the student admitted in First Standard merely because the pupil has been permitted to pursue the attendance in Pre-Primary Class would not confer any right in him to get him admitted in First Standard merely because the pupil has been permitted to pursue the attendance in Pre - Primary Class would not confer any right in him to get him admitted in First Standard. In the notification which was published in the daily newspaper Dainik Bhaskar on 21st August, 2009 this condition has been so mentioned. It is well settled law that administrative arrangement or so called practice cannot prevail over the statutory Rules, and therefore, we find that learned Writ Court did not commit any error in dismissing the writ petition. 5. However, on bare perusal of Annexure A/3, we find that up to 23rd July, 2010 the vacancies in the First Standard were available. In this view of the matter, the respondents No. 2 to 4 are hereby directed the if the vacancy is still available in Kendriya Vidyalaya No. 1 Gwalior the case of the son of the petitioner / appellant be considered in very sympathetic manner by paying heed that he was one of the pupil in the institution, though he had undergone best of his time in Pre - Primary Class.
It is further made clear that in case Kendriya Vidyalaya No. 1, Gwalior seat is not available then with the same sympathetical view the case of the son of the appellant be considered in any other Kendriya Vidyalaya in the vicinity of Gwalior town. 6. With the aforesaid observation, this appeal is hereby disposed of.