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2024 DIGILAW 347 (HP)

Preeti Kumari v. Union of India

2024-08-14

JYOTSNA REWAL DUA

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JUDGMENT : Jyotsna Rewal Dua, J. Petitioner is a minor, aged about 10 years and has filed this writ petition through her natural guardian i.e. mother. Petitioner primarily seeks a direction to the respondents, in particular, respondents No. 1, 5 and 7, to allow her admission in Class VI in Jawahar Navodaya Vidyalaya, Kothipura, District Bilaspur, H.P.-Respondent No.5 or in the alternative in Jawahar Navodaya Vidyalaya, District Hamirpur- respondent No.7. Respondent No.5-Jawahar Navodaya Vidyalaya, Kothipura, District Bilaspur, H.P., vide its communication dated 07.05.2024 had declined to grant admission to the petitioner on the ground that petitioner did not study in Class V from any school located in District Bilaspur, therefore, in terms of the admission policy of Jawahar Navodaya Vidyalaya, petitioner was not eligible for admission to Class VI in respondent No.5-Jawahar Navodaya Vidyalaya, Bilaspur. 2. Following facts are not in dispute. 2(i) Petitioner is a bonafide Hamachali and permanent resident of Village Muchhwan, Post Office Karloti, Tehsil Ghumarwin, District Bilaspur. 2(ii) Petitioner belongs to Other Backward Classes Category. Her family is also included in the Below Poverty Line list. 2(iii) Petitioner passed out Class V from ANM Public Senior Secondary School Chowki Baragram District Hamirpur-respondent No.6 on 3.04.2024. This school is located within 1 K.M. from the house of the petitioner at Village Muchhwan, Tehsil Ghumarwin, District Bilaspur, H.P. This school is duly recognized by the Education Department of State of Himachal Pradesh. 2(vi) The petitioner was desirous of getting admission in Jawahar Navodaya Vidyalaya, Bilaspur. She accordingly submitted her application form. She participated in the entrance test for admission to Class VI on 20.01.2024. Her name figured in the merit list. However, she was declined admission by Jawahar Navodaya Vidyalaya, Bilaspur, on the ground that she had passed out her Class V from a school located at District Hamirpur. 3. I have heard learned counsel on both sides, who have canvassed their respective cases as put forth in the pleadings. Learned counsel for the petitioner submitted that 25 seats are available for admission to Class VI in Jawahar Navodaya Vidyalaya, Bilaspur and 12 seats are available for Class VI in Jawahar Navodaya Vidyalaya, Hamirpur. This position was not disputed by learned Deputy Solicitor General of India. 4. Respondents No.1, 5 and 7 have issued a prospectus governing admissions to Jawahar Navodaya Vidyalaya for the session 2024-25. This position was not disputed by learned Deputy Solicitor General of India. 4. Respondents No.1, 5 and 7 have issued a prospectus governing admissions to Jawahar Navodaya Vidyalaya for the session 2024-25. Clause 4.1 thereof lays down conditions of eligibility for admission to Class VI in Jawahar Navodaya Vidyalaya (JNV). Contentions of both sides revolve around this Clause. Being relevant, the clause is extracted hereinafter: - “4.1 (a) Admission of candidate to class VI in a JNV is district specific. A candidate who is studying class V in a district is allowed to apply for admission to JNV in the same district only. Only the bonafide resident candidates from the district concerned where the Jawahar Navodaya Vidyalaya has been located and studying class V in the same district are eligible to apply for admission. The valid residential proof as notified by Govt. of India of the parent of the same district where the candidate has studied class V and appeared for the JNVST is to be submitted by the provisionally selected candidate at the time of admission. However, if the district where JNV is opened 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 Vidyalaya is not opened in the newly bifurcated district yet. (b) Candidate has to reside in the district where he/she is seeking admission in the JNV located in the same District. Bonafide residence certificate of the parent is to be submitted at the time of verification of documents after the provisional selection. (c) Candidate has to study class V in any of the Govt. or Govt. recognized schools located in the same District during 2023-24. (d) Candidates who have passed class V before the session 2023-24 or repeated candidates are not allowed. NVS has the right to compare the application data of previous year(s) to identify the repeater candidates. If noticed, such candidates will not be allowed to appear for JNVST 2024." 4(i) In terms of Clause 4.1 (a), admission of a student to class VI in a JNV is district specific. A candidate who is studying in Class V in a district is allowed to apply for admission to JNV only in the same district. If noticed, such candidates will not be allowed to appear for JNVST 2024." 4(i) In terms of Clause 4.1 (a), admission of a student to class VI in a JNV is district specific. A candidate who is studying in Class V in a district is allowed to apply for admission to JNV only in the same district. Only the bonafide resident candidate from the district concerned, where the Jawahar Navodaya Vidyalaya is located and studying Class V in the same district, is eligible to apply for admission. The Clause also insists upon valid residential proof of the parents of the child of the same district where the candidate has studied Class V and appeared for JNV. In accordance with above Clause, petitioner cannot take admission in Jawahar Navodaya Vidyalaya, Bilaspur as she had studied and passed Class V from a school falling in District Hamirpur. 4(ii) As per Clause 4.1(b) of the prospectus, the candidate has to reside in the district where he/she is seeking admission in JNV located in the same district. The Clause insists upon bonafide residence certificate of the parents at the time of verification of the documents. In view of Clause 4.1(b) of the prospectus, the petitioner cannot be admitted in JNV Hamirpur because she is bonafide resident of District Bilaspur, even though she had studied Class V in a school located in District Hamirpur. 4(iii). What comes out from the interplay of Clauses 4.1(a) and 4.1(b) is that the petitioner is neither eligible for admission in Jawahar Navodaya Vidyalaya Bilaspur as she had studied in a school falling in District Hamirpur, nor the petitioner is eligible for admission in Jawahar Navodaya Vidyalaya, Hamirpur, because she is resident of District Bilaspur. The situation being faced by the petitioner is admittedly not covered under any of the Clauses of the prospectus issued by the respondents for admission to Class VI in Jawahar Navodaya Vidyalaya. Denial of admission to the petitioner in either of the schools of respondents i.e. Jawahar Navodaya Vidyalaya Bilaspur/Hamirpur, on the ground that fact position of the petitioner is not covered under the prospectus, will be extremely harsh/detrimental to the petitioner. The petitioner has fundamental right to education. Her right cannot be defeated by pressing the clauses of the prospectus, which do not deal with the fact position like the one involved in the instant case. 5. The petitioner has fundamental right to education. Her right cannot be defeated by pressing the clauses of the prospectus, which do not deal with the fact position like the one involved in the instant case. 5. The petitioner cannot be denied admission by the respondents to any of the Jawahar Navodaya Vidyalayas in the State, therefore, in the interest of justice, to safeguard the interest of the petitioner and in exercise of extraordinary jurisdiction vested in the Court by virtue of Article 226 of the Constitution of India, respondents No.1, 5 and 7 are directed to grant admission to the petitioner in Class VI in Jawahar Navodaya Vidyalaya, Bilaspur where seats for admission to Class VI are stated to be available and the name of the petitioner also figures in the merit list for admission to this Jawahar Navodaya Vidyalaya. All codal formalities be completed within two weeks i.e. latest by 30.08.2024. It is made clear that this order has been passed in the peculiar facts and circumstances of the case. The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.