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2022 DIGILAW 147 (MAN)

Moirangthem Abungthoi Singh v. State of Manipur

2022-08-09

AHANTHEM BIMOL SINGH

body2022
JUDGMENT 1. Heard Mr. S. Biswajit, learned counsel appearing for the petitioners, Mr. A. Vashum, learned Government Advocate appearing for the respondents No. 1, 2 & 3 and Mr. S. Samarjeet, learned senior panel counsel appearing for the respondents No. 4 & 5. The present two writ petitions were heard jointly and the same are being disposed of by this common judgment and order as the facts and issues involved in the said two writ petitions are the same. 2. The issue involved in the present two writ petitions pertains to denial of admission of 12 children to class-VI in the Jawaharlal Navodaya Vidyalaya, Tuinom, Churachandpur District, Manipur. 3. The brief facts of the present cases is that in accordance with the National Policy of Education, Government of India started Jawaharlal Novadaya Vidyalayas (JNVs) Residential Schools fully financed and administered by Government of India through an autonomous organization, viz., Novadaya Vidyalayas Samiti. Admissions in JNVsare made through the Jawaharlal Novadaya Vidyalayas selection test to class- VI. The process for submission of application for JNV selection test is through online mode and verification of proof of residence, age, eligibility, etc., are to be done for selected candidates after the declaration of results. The eligibility conditions as provided under the prospectus of the school is that a candidate appearing for the selection test must have studied in class-V for the whole of the academic sessions in a Government/Government Aided or other recognised schools in the same district where the candidate is seeking admission. It is further provided under the prospectus of the school that a candidate seeking admission under the rural quota must have studied in class-III, IV and V completing full academic sessions from the Government/Government Aided/Government recognised schools located in rural areas, however, the candidate should study full academic sessions in class-V from the same district where admission is sought. 4. The JNV selection test for admission to class-VI in JNVs for the academic session 2021-2022 was scheduled to be held on 10.04.2021 and the last date for submission of application through online was 15.12.2020. The petitioners submitted application forms on behalf of their wards (12 in numbers) seeking admissions in the JNV located in Churachandpur District against the rural quota. The JNV selection test for admission to class-VI in JNVs for the academic session 2021-2022 was scheduled to be held on 10.04.2021 and the last date for submission of application through online was 15.12.2020. The petitioners submitted application forms on behalf of their wards (12 in numbers) seeking admissions in the JNV located in Churachandpur District against the rural quota. After holding the selection test, the Principal of the JNV, Tuinom, Churachandpur District, notified the select list dated 24.09.2021 in respect of JNV, Churachandpur and all the wards of the petitioners were found successful and included in the said select list. 5. After notification of the list of selected candidates, the petitioners submitted all the relevant and necessary documents of their wards to the Principal, JNV, Tuinom, Churachandpur District, for the purpose of verification, however, the names of the petitioners' wards were kept in the list of candidates waiting for further verifications. 6. When the admissions of the petitioners' wards were not allowed even after the classes started and even after the mid-term/term-1 examination 2021 was held on 17.11.2021, the petitioners approached this Court by filing WP(C) No. 917 of 2021 with the prayer for directing the respondents to allow the admission of the petitioners' wards and to allow them to join the online classes in class-VI at JNV, Tuinom, Churachandpur. On 02.02.2022, this Court passed an interim order in WP(C) No. 917 of 2021 directing the petitioners to appear before the Principal, JNV, Tuinom, Churachandpur on or before 05.02.2022 in connection with the verification process of their wards. This Court further directed the Principal, JNV, Churachandpur to take into consideration that the petitioners are illiterate persons and that the mistakes with regard to the childrens' status of class-III and IV was committed by the owner of the Cyber Cafe while registering the names of the children for the selection test and to take a lenient view when the petitioners approached him. The Principal, JNV, Churachandpur was also directed to pass an appropriate order within a period of two weeks. 7. In purported compliance with the aforesaid order of this Court, the Principal JNV, Churachandpur, wrote a letter dated 15.02.2022 informing the petitioners that the candidature and selection of the 12 children were cancelled. The Principal, JNV, Churachandpur was also directed to pass an appropriate order within a period of two weeks. 7. In purported compliance with the aforesaid order of this Court, the Principal JNV, Churachandpur, wrote a letter dated 15.02.2022 informing the petitioners that the candidature and selection of the 12 children were cancelled. The reason for such cancellation is that while submitting the application forms of the children through online, false informations were given to the effect that all the children studied class-III and IV in Gracy Christian English School, Loktak Project, whereas in fact the children studied class-III and IV in other schools. Having been aggrieved, the petitioners approached this Court again by filing WP(C) No. 429 of 2022 challenging the said cancellation letters dated 15.02.2022 and praying for quashing and setting aside the impugned letters. 8. Mr. S. Biswajit, learned counsel appearing for the petitioners contended that all the 12 children studied class-III and IV in Government/Government Aided/Government recognised schools located in rural areas and they studied class-V for the full academic year in Gracy Christian English High School located at Churachandpur District. It has also been contended that all the 12 children were successful in the selection test and accordingly, they are all eligible and qualified in every respect for admission in class-VI in the JNV, Tuinom, Churachandpur. Mr. S. Biswajit further contended that the petitioners are all illiterate persons who does not own even a computer and therefore, they have taken the help of a Cyber Cafe at Churachandpur at the time of filling up and submission of the admission forms of their wards through online and that at the time of filling up the admission forms, the computer operator, through mistakes, had wrongly given the information that the children studied class III, IV and V in Gracy Christian English High School instead of giving the name of the schools where the children studying class III and IV. It has been contended by Mr. S. Biswajit that the wrong information with regard to the status of the children in class III and IV were given purely through mistake and not deliberately and that the small innocent children should not be made to suffer by denying admissions for the mistake committed by their parents/guardians or by the computer operator. It has been submitted by Mr. S. Biswajit that the wrong information with regard to the status of the children in class III and IV were given purely through mistake and not deliberately and that the small innocent children should not be made to suffer by denying admissions for the mistake committed by their parents/guardians or by the computer operator. It has been submitted by Mr. S. Biswajit that all the 12 children are presently not studying in any school and they have lost one academic year and that if the authorities allowed the admission of these children in class- VI at JNV, Churachandpur for the academic year 2022-2023, the petitioners are all willing and ready to admit their wards even at the cost of losing one academic year. The learned counsel accordingly submitted that the present writ petitions should be allowed by directing the respondents to allow the admission of the 12 children in class-VI at JNVs, Churachandpur for the academic year 2022-2023. 9. Mr. S. Samarjeet, learned senior panel counsel appearing for the respondents No. 4 & 5 submitted that immediately after the selection list was published by CBSE on 24.09.2021, JNV, Tuinom, Churachandpur received a letter dated 28.09.2021 from the Deputy Commissioner, JNV Shillong about the declaration of the result and instructing to initiate the process of admission for the provisionally selected candidates which should be completed by 15.10.2021. Thereafter, the Principal, JNV Churachandpur informed the parents/guardians of the selected candidates to submit necessary documents for verification on 16.10.2021 under a letter dated 13.10.2021. During the verification process of the 12 wards of the petitioners, it was found out that there were discrepancies with regard to the name of the schools in which the children studied class-III and IV as mentioned in the admission form and the documents submitted by the petitioners. On coming to know about such discrepancies, the Principal JNV, Churachandpur wrote a letter dated 06.12.2021 to the Principal Gracy Christian English High School requesting the latter to verify as to whether the said children studied class III and IV at Gracy Christian English High School. On coming to know about such discrepancies, the Principal JNV, Churachandpur wrote a letter dated 06.12.2021 to the Principal Gracy Christian English High School requesting the latter to verify as to whether the said children studied class III and IV at Gracy Christian English High School. In response to the said letter, the Principal of Gracy Christian English High School wrote a letter dated 16.12.2021 informing that the 12 wards of the petitioners did not study class III and IV in the said school and that they have studied only class V in 2020 and that they have taken transfer certificate on 20.04.2021. On receiving such report, the Principal JNV, Churachandpur issued a corrigendum dated 13.12.2021 informing the parents/guardians of the candidates including the present 12 children that the candidates mentioned in the said corrigendum were found to have given false information at the time of registration and requesting the parents/guardians to get clarification from the schools on or before 17.12.2021. It has been submitted by Mr. S. Samarjeet that the petitioners never approached the authorities for clarification, instead they approached this Court by filing the present writ petitions. 10. Mr. S. Samarjeet also contended that as per clause 3.1 of the prospectus of JNVs, selection in the test will not accrue any right on the candidate to secure admission into the JNV and that at the time of seeking actual admission, each selected candidate will have to produce all relevant certificates as prescribed by the Navodaya Vidyalaya Samiti, until admission, the selection is provisional only. It has been contended that as per clause 3.2 of the prospectus, in case of any dispute, the decision of Navodaya Vidyalaya Samiti shall be final and binding on the candidates. Mr. S. Samarjeet draw the attention of this Court to the application form submitted by the petitioners on behalf of their wards through online and the relevant entries in the said forms are as under:- Particulars Class-III Class-IV Class-V Name of School (studied - III & IV and studying V) and village/place Gracy Christian English H/S Loktak Project School Location Rural/Urban Rural Rural Rural Month and Year of Joining March, 2018 March, 2019 March, 2020 Month & Year of Passing Feb, 2019 Feb, 2020 Reading Name of Block Henglep Henglep Henglep Name of the District Churachandpur Churachandpur Churachandpur Name of the State Manipur Manipur Manipur 11. It has also been pointed out by Mr. S. Samarjeet that in the application form, the parents and candidates agreed and gave an undertaking that if any of the information provided is found to be wrong, the candidature will be forfeited at any stage even after admission in JNV and that no change in the aforesaid data shall be requested in future and that in case of mismatched in the offline and online data, the data submitted through online mode shall be treated as final. It has been strenuously contended by Mr. S. Samarjeet that as the information given in the admission form submitted through online about the children studying class-III and IV at Gracy Christian English High School are found to be false and contradictory with the documents submitted by the petitioners, it is evident that false information were given by the petitioners at the time of registration and submission of forms and giving of such false information cannot be taken as a mere mistake of the operator of the Cyber Cafe or due to illiteracy on the part of the parents/guardians. In view of the above, the authorities have no option but to cancel the selection of the 12 children. The learned counsel cited the judgment dated 11.05.2022 rendered by the Hon'ble Apex Court in the case of 'State of Rajasthan and Others Vs. Chetan Jeff' and relied on para 6.5 of the said judgment which reads as under:- '6.5 In State of A.P. v. B. Chinnam Naidu, (2005) 2 SCC 746 , this Court has observed that the object of requiring information in the attestation form and the declaration thereafter by the candidate is to ascertain and verify the character and antecedents to judge his suitability to enter into or continue in service. It is further observed that when a candidate suppresses material information and/or gives false information, he cannot claim any right for appointment or continuance in service.' 12. Mr. S. Samarjeet also informed this Court that the admission of class-VI in JNVs for the academic session 2022-23 had been completed on 31.07.2022 and there is no possibility of giving admission to the wards of the petitioners and accordingly, the learned counsel submitted that the present writ petitions are without any merit and are liable to be dismissed. 13. Mr. S. Samarjeet also informed this Court that the admission of class-VI in JNVs for the academic session 2022-23 had been completed on 31.07.2022 and there is no possibility of giving admission to the wards of the petitioners and accordingly, the learned counsel submitted that the present writ petitions are without any merit and are liable to be dismissed. 13. After hearing at length the rival submission of the learned counsel appearing for the parties and on careful examination of the record of the present cases, this Court is of the considered view that there is no dispute with regard to the fact that the wards of the petitioners studied class-III and IV in Government/Government Aided/Government recognised schools located in rural areas and that they studied class-V in Gracy Christian English High School located at Churachandpur District. The children were also declared successful in the selection test and accordingly, they are all eligible and qualified for admission in JNV, Churachandpur in terms of the eligibility conditions prescribed in the prospectus of JNVs. It is also an undisputed fact that the candidature and selection of the 12 children have been cancelled only on the ground that their parents/guardians have given false information with regard to the names of the schools where they studied class-III and IV at the time of their registration and submission of application forms through online mode. According to the petitioners, the wrong information were given through mistakes committed by the operator of the Cyber Cafe and due to their illiteracy and lack of knowledge and that they have not deliberately given the wrong information with the intention of achieving any undeserved benefits. On the other hand, according to the respondents No. 4 & 5, as the petitioners gave false information at the time of registration and submission of application forms of the children through online mode, the candidature and selection of the children have to be cancelled in terms of the conditions laid down in the prospectus of JNV and the undertaking given by the petitioners in the application forms. 14. The important question that arose for consideration in the present cases is whether respondents No. 4 & 5 were justified in cancelling the candidature and selection of the 12 children thereby denying their admission in class-VI in the JNV Churachandpur. 14. The important question that arose for consideration in the present cases is whether respondents No. 4 & 5 were justified in cancelling the candidature and selection of the 12 children thereby denying their admission in class-VI in the JNV Churachandpur. It is an admitted fact that at the time of registration and submission of forms, the petitioners gave false information with regard to the name of the schools where the children studied class-III and IV. The important question to be considered is whether those false information were given purely through mistakes as submitted by the petitioners or whether the said false information have been given deliberately with the intention of getting undeserved benefits in connection with the admission of the said children. In my considered opinion, furnishing such information was immaterial for considering the eligibility of the children, inasmuch as, even if the true and correct information were given, the wards of the petitioners will be still eligible and qualified in terms of the conditions of eligibility laid down in the prospectus of the JNVs. No doubt that verification of character and antecedents is one of the important criteria to assess suitability and it is open to the authorities to adjudge antecedents of the candidates in terms of the laid down procedure, but the ultimate action should be based upon objective criteria on due consideration of all relevant aspects. Though the petitioners who gave wrong information cannot claim unfattered right for admission of their wards in JNV Churachandpur, however, they have a right not to be dealt with arbitrarily and that exercise of power has to be in a reasonable manner with objectivity having due regard to the facts of the cases. On careful consideration of the peculiar facts and circumstances of the present cases, this Court is of the considered view that the false information were not deliberately given to get any undeserved benefits, rather those false information were given either by the petitioners or by the operator of the Cyber Cafe purely through mistake or oversight at the time of registration and submission of forms through online. In view of the above, this Court is of the considered view that it will be too harsh to let the young and innocent children suffer by denying admission for studying class-VI in JNV, Churachandpur for the mistakes committed either by their parents/guardians or the operator of the Cyber Cafe. In view of the above, this Court is of the considered view that it will be too harsh to let the young and innocent children suffer by denying admission for studying class-VI in JNV, Churachandpur for the mistakes committed either by their parents/guardians or the operator of the Cyber Cafe. 15. We cannot also lose sight of the Constitutional provisions guaranteed under Article 21 A of the Constitution of India for providing free and compulsory education to all children of the age of 6 to 14 years. If the young and innocent children, who are below the age of 14 years, are denied admission for their further studies in class-VI at JNV, Churachandpur by sustaining the cancellation of their candidature and selection, it will not only amount to denial of their fundamental rights guaranteed under Article 21 A of the Constitution of India but such action will be antithesis to the Constitutional goal. 16. The judgment of the Hon'ble Apex Court in the case of 'Chetan Jeff' (supra) relied on by the counsel for the respondents No. 4 & 5 had been rendered in the context of the facts of the case as stated at para 6.1 of the judgment, which are as under:- '6.1 At the outset, it is required to be noted that the post on which the writ petitioner is seeking the appointment is the post of constable. It cannot be disputed that the duty of the constable is to maintain law and order. Therefore, it is expected that he should be honest, trustworthy and that his integrity is above board and that he is reliable. An employee in the uniformed service presupposed a higher level of integrity as such a person is expected to uphold the law and on the contrary any act in deceit and subterfuge cannot be tolerated. In the present case the original writ petitioners has not confirmed to the above expectations/ requirements. He suppressed the material facts of his criminal antecedents. He did not disclose in the application form that against him a criminal case/FIR is pending. On the contrary, in the application form, he made a false statement that he is not facing any criminal case. Therefore, due to the aforesaid suppression, his candidature came to be rejected by the appropriate authority.' 17. He did not disclose in the application form that against him a criminal case/FIR is pending. On the contrary, in the application form, he made a false statement that he is not facing any criminal case. Therefore, due to the aforesaid suppression, his candidature came to be rejected by the appropriate authority.' 17. In the aforesaid judgment, the Hon'ble Apex Court was of the view that if the correct facts would have been disclosed, the employer might not have appointed the original petitioner and accordingly, the Apex Court sustain the rejection of the candidature of the said original writ petitioner. The situation in the present cases is the opposite. If the present petitioners gave the correct informations with regard to the names of the schools where the children studied class-III and IV, there will be no difficulty or impediment in the admission of their wards. In my humble opinion, the judgment of the Hon'ble Apex Court relied on by the counsel for the respondents No. 4 & 5 are not at all applicable in the facts and circumstances of the present cases. 18. In view of the facts and circumstances of the present cases and for the reasons given hereinabove, this Court is of the considered view that it will be in the interest of justice to allow the admission of the wards of the petitioners in class-VI at JNV, Churachandpur for the academic session 2022-2023. Accordingly, the respondents No. 4 & 5 are directed to allow the admission of the wards of the petitioners in class-VI at JNV, Churachandpur for the academic session 2022-2023 as early as possible preferably within a period of two weeks from the date of receipt of a copy of this order. Even though it has been submitted before this Court that the admission of class-VI in the JNVs had been over on 31.07.2022, it will not be an impediment in allowing the admission of the wards of the children in view of the provisions of Section 15 of the Rights of Children to Free and Compulsory Education Act, 2009 wherein it is provided that no child shall be denied admission if such admission is sought subsequent to the extended period. With the aforesaid directions, the present writ petition is disposed of. Keeping in view the facts and circumstances of the present cases, there will be no order as to costs.