JUDGMENT 1. An important issue was raised in the present PIL. Accordingly, prayer clause (a) was couched in following words: ''a. Issue Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus, directing the School Principal to commence the Classes in XIth Standard in Science Stream from the next Academic Year beginning from April, 2022. 2. The petitioners are the parents whose wards are prosecuting their studies in respondent Jawahar Navodaya Vidhyalay at Valpoi, Satari, North Goa. Taking into consideration the issue involved in the petition, notice was issued to the respondents and response was sought for by way of affidavits. Vide order dated 06.06.2022 the Division Bench of this Court was pleased to direct the Commissioner, Navodaya Vidhyalay to depute a suitable Officer to inspect the premises and also hold consultation with the Principal of the Vidhyalaya. It was further directed that the Commissioner should then file an affidavit before this Court addressing the issue raised in this petition. The Principal of the said Navodaya Vidhyalay filed an affidavit in this Court and the Division Bench took note of a statement in the file wherein it was stated that the Principal herself is very much interested in opening the Science stream in the school. A reference is made to a communication dated 01.04.2016. A copy of the same is placed on record at Exhibit P-1, page 23 of the petition. For ready reference we may quote certain parts of the communication and the same reads as follows: ''The following JNVs which are not having the Science stream should make all out efforts to start the same during 2016-17. Difficulties if any in opening streams should be justified with reasons. However this office anticipates your proposal for starting the Science stream with staff requirement and workload. 1. Dhule 2. Anand 3. Bharuch 4. Dang 5. Narmade 6.Valpoi 7. Diu All JNVs are hereby informed to send necessary proposals along with staff requirement by email on or before 5.4.2016 so as to propose staff sanction for 2016-17 to Admn. Wing.'' 3. Thus, the XI Science stream was to be made functional from the academic year 2016 itself but due to certain difficulties it could not be started and the petition is filed before this Court. 4. The Commissioner-respondent no.2 filed his affidavit in response in compliance of order of this Court dated 06.06.2022. Wing.'' 3. Thus, the XI Science stream was to be made functional from the academic year 2016 itself but due to certain difficulties it could not be started and the petition is filed before this Court. 4. The Commissioner-respondent no.2 filed his affidavit in response in compliance of order of this Court dated 06.06.2022. A copy of the report submitted by the Deputy Commissioner, NVS RO Pune is annexed to the affidavit and same is at page 59 of the petition. Perusal of this report show that the Deputy Commissioner himself alongwith the Jr. Engineer, NVS, RO Pune and a representative of technical personal from U.P. Jal Nigam, Construction Agency visited the said school. The team physically visited the entire school premises and thoroughly checked the infrastructure. It is stated in the report that: After physically visiting the entire available infrastructure keeping in mind to identity the available infrastructure to establish two classrooms and Physics, Chemistry and Biology labs for starting of Science stream is identified. The existing Girls Dining hall can be converted with partition into two classrooms for class XI (academic session 2022-23) and another classroom for academic session 2023-24. The protected partially open space with profile sheet space which is unutilized can be converted as Girls Dining hall which could comfortably accommodate more than 200 girls for dining. This is just adjacent to kitchen on one side and Boys Dining hall on other side at one complete stretch. This has wider concrete internal road up to this dining hall area. The existing room with the dimension of 7.20 meters X 7 meters RCC roof building can be made as one lab and the remaining two lab for which in front of this lab is having enough space for construction of one lab and adjacent to this, there is a covered stage which will be converted to another lab with RCC roof (extension of existing RCC roof area). This will take care of all three required labs.'' ..... .... .... .... 'It is possible to start Science Stream in the academic session 2022-23 itself as consulted with the Principal, JNV, North Goa with make shift arrangement of open protected space in the academic block to start XI Science classroom. This will take care of all three required labs.'' ..... .... .... .... 'It is possible to start Science Stream in the academic session 2022-23 itself as consulted with the Principal, JNV, North Goa with make shift arrangement of open protected space in the academic block to start XI Science classroom. The availability of total number of dormitories and beds is 416 but the actual requirement of beds keeping in mind the maximum anticipated strength 6th Class-80 and 11th Class Science-40 which comes to total strength 406.'' 5. The Principal in her reply made reference to the regulations (Affiliation Bye-Laws 2018) of Central Board of Secondary Education, more particularly Regulation No.4.1 and 4.2 which specifically lays down the infrastructure which is required for having a classroom and laboratory. The regulations 4.1 and 4.2 read thus: ''4.1 Class Rooms - maximum size should be 8 x 6m (approximately 500 sq. ft.). There should be one room for each class. Minimum floor space should be atleast 1 sq.mts per student. 4.2 Science Laboratory-(Composite for Secondary or/and separate Physics, Chemistry and Biology for Senior Secondary)-minimum size should be 9m x 6m each (approximately 600 sq.ft.).'' 6. The Commissioner in his reply dated 19.07.2022 though referred to the report of the Deputy Commissioner had some reservations only in view of approaching rainy season. It is further stated in the affidavit in reply filed on behalf of the Commissioner that Science stream needs full and functional laboratory and classroom and unless such kind of logistics and infrastructure is available to take care of the studies of the students for Science, it would be fruitless in absence of the experimental learning, to facilitate the scholastic and learning process of the students in a substantive and vital manner. The Commissioner states that in view of the aforesaid facts and circumstances, that with the leave of the Court decision regarding opening of Science stream (Class-XI) in JNV, North Goa would be taken only after assessing the infrastructure. 7. At the cost of repetition, we state that when there is ample material placed on record that by certain modifications in the existing premises if the XI-Science classroom may be made fully functional, then, in our opinion, there is no need for any further assessment as stated by the Commissioner. There was also some reservation in view of an order passed by the Court. There was also some reservation in view of an order passed by the Court. The first appeal is filed in this Court at the instance of the Principal challenging the judgment and order passed by Civil Court in favour of the landlord. On a civil application no.343 of 2005 in First Appeal No.307 of 2005, the following order was passed: ''For the reasons stated in the application, execution of the impugned decree is stayed, subject to the condition that the Applicants shall not change the status quo in the area nor induct any third party there.'' 8. Considering the report of the Deputy Commissioner, wherever necessary modifications are required to be carried out are only in the existing premises of the school and by such modifications no third party interest is created. Thus, in our opinion, granting permission to the Principal and the Commissioner concerning modifications and making the class XI Science stream functional would not be an act of committing breach of the order of this Court dated 20.06.2006. 9. We further state that the dispute between the Principal and the landlord on civil side may have its own backdrop and implications but such dispute cannot be a reason to stall the academic career of a student who is desirous of prosecuting his studies in class XI Science stream. Protecting the interest and the academic career of the students would be only a part of a right available to the students, namely, right to education. We may further state that any loss in the academic career of the students is an irreparable loss and cannot be counted in terms of money. Considering the above referred aspects, namely the requirements of a fully functional class room for XI Science stream by making necessary modifications, it may not be out of place to state here that vide communication dated 01.09.2022, administrative approval and expenditure sanction is granted for these modifications. Copy of the said communication is taken on record and marked 'X' for identification. 10. Though the petitioners pray for the directions for commencing the Std XI Science stream for the academic year beginning from April 2022, as of now half of the academic year is already complete. 11. Considering all these aspects, we direct the respondent no.2 and respondent no.4 to take all necessary steps to commence the class in Std. 10. Though the petitioners pray for the directions for commencing the Std XI Science stream for the academic year beginning from April 2022, as of now half of the academic year is already complete. 11. Considering all these aspects, we direct the respondent no.2 and respondent no.4 to take all necessary steps to commence the class in Std. XI Science stream from the academic year beginning from April 2023 pursuant to the report of the Deputy Commissioner as well as the affidavit filed by the Principal wherein regulation no. 4.1 and 4.2 is referred to. 12. The petition is disposed of with above referred directions.