Deepak Kumar (Minor) represented through his natural guardian/father – Jayant Kumar Pandey v. Union of India represented through the Director, Jawahar Navodaya Vidyalaya Sangathan, New Delhi
2025-01-13
RAJESH SHANKAR
body2025
DigiLaw.ai
JUDGMENT : The present writ petition has been filed for issuance of direction upon the respondents to allow the petitioner to appear in “Jawahar Navodaya Vidyalaya Selection Test, 2025” (in short JNVST, 2025) for admission in class VI. 2. Mr. Jayant Kumar Pandey, Advocate – the father of the petitioner submits that the petitioner has been studying in “Kendriya Vidyalaya, Dhurwa” since 2020 and has applied for “Jawahar Navodaya Vidyalaya Selection Test 2025” through online mode for admission in class VI, however, the said application has been rejected by the Deputy Commissioner (Examination), “Navodaya Vidyalaya Samiti” vide letter no. 98 dated 25.11.2024 on the ground that though the petitioner is studying in class-V in District Ranchi, however he is the resident of Deoghar District and as such he is not eligible for admission in class-VI in Jawahar Navodaya Vidyalaya, Ranchi. 3. It is further submitted that since the petitioner is studying in Ranchi, rejection of his application is not tenable in law. The “Jawahar Navodaya Vidyalaya” in which the petitioner seeks admission is situated in district Ranchi and the petitioner has studied in the same district till class-V hence, he cannot be denied from participating in JNVST, 2025. 4. On the contrary, learned counsel appearing on behalf of the respondents submits that as per clause 4.1(a) of the prospectus-cum-notification of JNVST 2025 for admission to Class VI, a candidate who is applying for admission to class VI, must fulfil the twin test i.e. (i) he/she must be the resident of the district where the “Navodaya Vidyalaya” is located and (ii) he/she has studied class V in the same district. 5. It is further submitted that the petitioner is the resident of Deoghar district and has passed Class V from the district of Ranchi and as such, he does not fulfil the necessary twin eligibility conditions mentioned under clause 4.1(a) of the said prospectus. Accordingly, his application form has been rejected. 6. Learned counsel for the respondents in support of his submission puts reliance on the following judgments: - (i) Ku. Shubham Vijay Patil and Others Versus The Navodaya Vidyalaya Samiti reported in 2022 SCC OnLine Bom 3637 (ii) Gitika Nirmalkar Versus Union of India, Ministry of Education Department of School Education and Literacy and Others reported in 2024 SCC OnLine Chh. 10079 (iii) Vishal Verma (Minor) Vs. Union of India & Others (W.P.C No. 11403 of 2023) 7.
Shubham Vijay Patil and Others Versus The Navodaya Vidyalaya Samiti reported in 2022 SCC OnLine Bom 3637 (ii) Gitika Nirmalkar Versus Union of India, Ministry of Education Department of School Education and Literacy and Others reported in 2024 SCC OnLine Chh. 10079 (iii) Vishal Verma (Minor) Vs. Union of India & Others (W.P.C No. 11403 of 2023) 7. Heard learned counsel for the parties and perused the materials available on record. 8. To appreciate the contention of learned counsel for the parties, it would be appropriate to refer Clause 4.1 of the prospectus-cum-notification of JNVST 2025 for admission to Class VI, which reads as under:- 4.1 WHO IS ELIGIBLE (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 to JNVs through JNVST. 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 JNVs 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. 9. I have also gone through the judgment rendered by learned Division Bench of Bombay High Court in the case of Ku. Shubham Vijay Patil (supra.) wherein the learned Bench while interpreting Clause 4.1 of the prospectus of JNV has held as under: - “9. Clause 4.1 under the caption ‘Who is Eligible’ also provides insights for interpreting the clauses. It states that only the candidates from the District concerned where the JNV has been opened, are eligible to apply for admission.
Shubham Vijay Patil (supra.) wherein the learned Bench while interpreting Clause 4.1 of the prospectus of JNV has held as under: - “9. Clause 4.1 under the caption ‘Who is Eligible’ also provides insights for interpreting the clauses. It states that only the candidates from the District concerned where the JNV has been opened, are eligible to apply for admission. The general rule under the said Prospectus is that only the candidates from the District concerned where the JNV has been opened, are eligible to apply for admission. Clause 3.6 further provides that the children selected on the basis of District will be admitted only in the JNV located in the District from where they are studying in class 5 and appear for the JNVST. Reading clause 3.6 and 4 conjointly and harmoniously, irresistible conclusion that can be drawn is that a candidate will be required to satisfy the twin test for being eligible to get admission in the JNV; (i) the candidate should have passed 5th standard from the District where the JNV is located; and (ii) only the candidates from the District concerned where the JNV is opened, are eligible to apply for admission. The condition of residence certificate in the prescribed proforma in case of NIOS i.e. the candidates should obtain ‘B’ certificate and residence should be in the same district where he is seeking admission, as provided in clause 2.1 is an additional condition imposed for clarification purpose. NIOS is a correspondence course for the students who are not able to pursue regular classes. For the said purpose, additional precautions appears to have been undertaken. The general rule of eligibility has been laid down in clause 4.1. Clause 4.1 starts with the term ‘only’. It states that ‘only the candidates from the district concerned where the JNVs are opened are eligible for admission’. The word ‘only’ implies that the students other than the District where the JNV is situated are excluded. No other interpretation is possible. We cannot persuade ourselves to accede to the arguments of the Mr. Bhavake, the learned Advocate for the Petitioners that even though the student may not be the resident of the same District where the JNV is situated and if he has passed 5th standard from the district where the JNV is situated is eligible to be admitted.
We cannot persuade ourselves to accede to the arguments of the Mr. Bhavake, the learned Advocate for the Petitioners that even though the student may not be the resident of the same District where the JNV is situated and if he has passed 5th standard from the district where the JNV is situated is eligible to be admitted. Such an interpretation would be against the object and the tenor of the clauses in the prospectus. The aforesaid discussion leads us to conclude that the candidate seeking admission to the JNV must satisfy the twin test (i) he must be studying in class V in Government/Government aided or other recommended schools or B Certificate Competency Course of NIOS in the same District where the JNV is situated and (ii) he must be resident of the same district where the JNV is situated and is seeking admission.” 10. The aforesaid judgment of the Bombay High Court has been affirmed by the Hon’ble Supreme Court in S.L.P (C) No. 19285 of 2022. 11. I have also gone through the judgment rendered by learned Division Bench of Chhattisgarh High Court at Bilaspur in the case of Gitika Nirmalkar (supra.) wherein it has been held as under :- 7. It appears from the guidelines of the Samiti mentioned in the prospectus, that is Clause 3.5 which provides that the children provisionally selected on the basis of the Test will be admitted only in JNV located in the district from where they are residing and studied in Class-V. The present petitioner who is a student of District Kabirdham completed Class-Vth in Kabirdham but seeking admission in JNV Bemetara. The relief claimed by the appellant is absolutely contrary to Clause 3.5 of the prospectus which is a guideline of the JNV Samiti. Learned Single Judge rightly dismissed the petition observing that the petitioner's denial to admission in JNV Bemetara is just and proper. There is no illegality and infirmity in the order passed by the learned Single Judge. 12. In the case of Vishal Verma (supra.), Allahabad High Court also while relying on the judgment rendered in the case of Ku.
Learned Single Judge rightly dismissed the petition observing that the petitioner's denial to admission in JNV Bemetara is just and proper. There is no illegality and infirmity in the order passed by the learned Single Judge. 12. In the case of Vishal Verma (supra.), Allahabad High Court also while relying on the judgment rendered in the case of Ku. Subham Vijay Patil (supra.) and other judgments of the Allahabad High Court rejected the claim of the petitioner of the said case for admission in “Jawahar Navodaya Vidyalaya” on the ground that he was not the resident of the district where the “Jawahar Navodaya Vidyalaya” was situated. 13. I am also in agreement with the view taken in the aforesaid judgments rendered by the different High Courts. Clause 4.1(a) of the prospectus for admission to class VI in JNVs through selection test for the session 2025-26 specifically and unambiguously provides that the admission of candidates to Class VI in a JNV is district specific and for being eligible to apply for admission to JNVs through JNVST, a candidate must satisfy twin test i.e., (i) he/she must be the resident of the district where the Navodaya Vidyalaya is located and (ii) he/she has studied class V in the same district. 14. Further Clause 4.1 (b) of the prospectus makes it mandatory for a candidate to submit residence certificate of his/her parents in proof of his/her being the resident of the district where the JNV is located. 15. In the present case, it is an admitted position that the petitioner is the resident of Deoghar district and he has passed Class- V from a school situated in Ranchi district. Thus, the petitioner does not satisfy the twin conditions laid down under clause 4.1 of the prospectus for admission in Class VI in JNV, Ranchi. 16. The petitioner has not challenged clause 4.1 of the said prospectus. Moreover, the purpose behind incorporating the said clause is to give preference to the local candidates over others and any deviation therefrom on the ground that the same may cause hardships to any candidate will go against the spirit of the eligibility clause provided in the prospectus. The said condition of the prospectus has to be uniformly applied and should not be deviated for convenience and desire of a candidate seeking admission.
The said condition of the prospectus has to be uniformly applied and should not be deviated for convenience and desire of a candidate seeking admission. If the petitioner is given admission in Ranchi district, the same will cause great prejudice to the candidates who are the residents of Ranchi district. 17. In view of the aforesaid discussion, I do not find any justification in the contention made on behalf of the petitioner so as to extend him any relief in exercise of the power under Article 226 of the Constitution of India. 18. The writ petition being devoid of merit is accordingly dismissed.