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2018 DIGILAW 1844 (HP)

Naman Kadyan v. Navodaya Vidyalaya Samiti

2018-10-23

AJAY MOHAN GOEL, SURYA KANT

body2018
JUDGMENT Surya Kant, C.J. - The petitioners (Naman Kadyan-a minor boy and Kanika Negi-a minor girl) have approached this Court through their respective mothers, seeking a direction for restoration of their admission and continuation in 6th standard in Jawahar Navodaya Vidyalaya at Reckong Peo, District Kinnaur. 2. Both the petitioners belong to Scheduled Tribe and as per the Prospectus-cum-Application Form of Jawahar Navodaya Vidyalya Selection Test 2018, there shall be reservation in seats in proportionate to the population of Scheduled Castes or Scheduled Tribes, as the case may be be, in the concerned District and in the absence of ratio of such population, the reservation will be as per the National Average, i.e., 7.5% seats for Schedule Tribes. Petitioners were earlier studying in Delhi Public School, Jhakri at Nathpa in District Kinnaur. They had joined the aforesaid School at Nathpa in the year 2011-2013, respectively. Both of them applied for admission in 6th standard in response to the applications invited by Jawahar Navodaya Vidyalya Selection Test 2018. They were issued the admission cards, allowed to sit in the admission test and as per their merit, both the petitioners were amongst the candidates selected for admission in Jawahar Navodaya Vidyalaya at Reckong Peo, District Kinnaur. Their admission was subsequently cancelled vide communication, dated 25th August, 2018, on the plea that from the documents uploaded by them alongwith application form, it was found that they had studied up to 5th standard in the Sarahan Education Block of District Shimla, hence as per the terms and conditions contained in the Prospectus, they were ineligible to seek admission in Jawahar Navodaya Vidyalaya at Reckong Peo, which is situated in District Kinnaur. 3. It is apposite at this stage to refer to the conditions contained in the Prospectus-cum-Application Form, in respect of eligibility and Clauses 4(a) to 4(d) are to the following effect: "4(a) Only the candidates from the district concerned where the Jawahar Navodaya Vidyalaya has been opened are eligible to apply for admission. However, the district where JNV is opened and is bifurcated at a later date, the old boundaries of the district are considered for the purpose of eligibility for admission into JNVST, in case a new Vidyalya has not started in newly bifurcated district as yet. 4(b) A candidate seeking admission must not have been born before 01.05.2005 and after 30.04.2009. However, the district where JNV is opened and is bifurcated at a later date, the old boundaries of the district are considered for the purpose of eligibility for admission into JNVST, in case a new Vidyalya has not started in newly bifurcated district as yet. 4(b) A candidate seeking admission must not have been born before 01.05.2005 and after 30.04.2009. This will apply to candidates of all categories, including those who belong to the Scheduled Castes (SCs) and Scheduled Tribes (STs). In case of doubt of overage candidate seeking admission, they may be referred to the Medical Board for confirmation of the age. The decision of the Medical Board will be final. 4(c) A candidate appearing for the selection test must be studying in Class-V for the whole of the academic session 2017-18 in a Government/Government aided or other recognized schools or ''B'' certificate competency course of National Institute of Open Schooling in the same district where he/she is seeking admission. A school will be deemed recognized if it is declared so by the Government or by any other agency authorized on behalf of Government. Schools where students have obtained ''B'' certificate under National Institute of Open Schooling should have accreditation of NIOS. A candidate must successfully complete Class-V in the session 2017-18. Actual admission in Class-VI for the session 2018-19 will be subject to this condition. 4(d) A candidate claiming admission under rural quota must have studied and passed Classes III,IV and V from a Govt./Govt.aided/recognized school spending one full academic session each year in a school located in rural area." 4. It may be seen that the respondents have relied upon Clauses 4(a), 4(c) and 4(d) in order to urge that the petitioners ought to have been students of a recognized School in the same District in which Jawahar Navodaya Vidyalya, where they are seeking admission, is situated. To say it differently, the respondents have raised the objection that since the petitioners were previously studying in a School situated in District Shimla, they are not eligible to seek admission in Jawahar Navodaya Vidyalaya at Reckong Peo, District Kinnaur. 5. To say it differently, the respondents have raised the objection that since the petitioners were previously studying in a School situated in District Shimla, they are not eligible to seek admission in Jawahar Navodaya Vidyalaya at Reckong Peo, District Kinnaur. 5. To counter the objections raised on behalf of the respondents, the petitioners have placed on record certain documents to suggest that though Delhi Public School, Jhakri is shown to be situated in District Shimla because Jhakri falls in District Shimla, nevertheless, the branch of the School, where they were studying is located at Nathpa, which is admittedly in District Kinnaur. The petitioners have placed on record the photographs and some other documents to show that they were indeed studying at Nathpa in District Kinnaur. 6. It is also relevant to mention at this stage that vide an interim order, dated 31st August, 2018, this Court had directed that two seats at Jawahar Navodaya Vidyalaya, Reckong Peo, District Kinnaur be not filled up without leave of this Court. Neither any candidate lower in merit than the petitioners had sought modification/vacation of the said order nor impleadment as party in the writ petition. The admissions were over in the month of August, 2018. 7. We are conscious of the fact that two seats directed to be kept vacant should not be allowed to go waste. We are also satisfied that the petitioners substantially comply with the eligibility conditions. It may be true that the main building of Delhi Public School is situated at Jhakhri which falls in District Shimla, but the School having opened a branch at Nathpa and the petitioners being former students of said branch of the School, cannot be said to have studied in a School in District Shimla. For all intents and purposes, they have been studying in a School, which is geographically located in District Kinnaur, that would make them eligible to seek admission in Jawahar Nagodya Vidyalaya, Reckong Peo, situated in District Kinnaur. 8. Still further, the petitioners did not conceal any information. All the documents were duly uploaded by them alongwith the application form. They were found eligible and allowed to compete and they fall within the merit list prepared for the purpose of admission. 9. 8. Still further, the petitioners did not conceal any information. All the documents were duly uploaded by them alongwith the application form. They were found eligible and allowed to compete and they fall within the merit list prepared for the purpose of admission. 9. At this juncture, specially when the petitioners are Schedule Tribe candidates belonging to District Kinnaur, we are of the view that they deserve to be accommodated against the available seats in Jawahar Nagodya Vidyalaya at Reckong Peo, District Kinnaur. Ordered accordingly. 10. The writ petition is allowed and the impugned communication dated 25th August, 2018 (Annexure P-7) is set aside and Jawahar Nagodya Vidyalaya at Reckong Peo, District Kinnaur through its Principal is directed to restore the admissions of the petitioners, forthwith. With the aforesaid observations/directions, writ petition stands disposed of, so also pending application(s), if any. Copy dasti.