Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA, J.
Sirjeet Kumar Minor – Appellant
Versus
Jawahar Navodaya Vidyalaya Mungeshpur - Respondent
W.P.(C) 648 of 2023 & CM APPL. 2517 of 2023
Decided on : 16-03-2023
Admission - Jawahar Navodaya Vidyalaya - 4.1, 4.3, 4.7 - The court discussed the eligibility criteria for admission to Jawahar Navodaya Vidyalayas (JNVs) as per the Navodya Vidyalaya Scheme, highlighting the requirement for candidates to be from the district where the JNV is located and studying in the same district for the whole academic session. The court emphasized the policy of admitting 25% of students from urban areas and 75% from rural areas, and the reservation of seats for Scheduled Castes and Scheduled Tribes.
Fact of the Case:
The petitioner, a minor belonging to a Scheduled Tribe, sought admission in Class VI at Jawahar Navodaya Vidyalaya (JNV), Mungeshpur. The respondent cancelled the petitioner's admission on the ground of being outside the district, leading to the filing of the writ petition.
Finding of the Court:
The court found the respondent's decision to exclude Central and New Delhi District from the ambit of JNVs and not granting an opportunity to the students of the said districts for admission to JNVs under the urban quota as arbitrary and in violation of Article 14 of the Constitution of India. The court set aside the decision of the respondent and directed the petitioner to be granted admission to Class VII in the next academic session.
Issues: The issues involved the eligibility criteria for admission to JNVs, the exclusion of Central and New Delhi District from the ambit of JNVs, and the cancellation of the petitioner's admission.
Ratio Decidendi: The court held that the respondent's decision was arbitrary, leading to inequality and in violation of Article 14 of the Constitution of India. The court emphasized the need for fairness and equality in educational policies and the obligation of the Government to provide equal opportunity to all its citizens for education and admission to educational institutions.
Final Decision: The present writ petition was allowed, setting aside the decision of the respondent and directing the petitioner to be granted admission to Class VII in the next academic session.
JUDGMENT :
MINI PUSHKARNA, J.
1. The present petition has been filed by a minor through his father with prayer for setting aside and quashing the letter dated 11.01.2023 issued by the respondent to the father of the petitioner. By way of the said letter, admission of the petitioner in Class VI in Jawahar Navodaya Vidyalaya (JNV), Mungeshpur was cancelled by the respondent on the ground that the petitioner was outside the district and thus, not entitled for admission in the said school.
2. As per the case of the petitioner, he belongs to a Scheduled Tribe (ST) category and belongs to economically and socially weaker section of the society. Father of the petitioner is a taxi driver.
3. In November 2021, petitioner applied for admission in Class VI in respondent School. He passed the selection test held in April 2022 and was placed under waiting list published in December 2022 in ST category.
4. The petitioner was asked to come to the respondent school on 23.12.2022 and complete the admission formalities. After completion of all the formalities including medical test, petitioner was admitted in the respondent School. However, subsequently on 14.01.2023, father of the petitioner received a letter dated 11.01.2023 sent by the respondent School through post, stating that admission of the petitioner is cancelled on the ground of being outside the district/area. Thus, the present writ petition has been filed.
5. It is the case of the petitioner that he has been studying in Atal Adarsh Boys Vidyalaya, Mandir Marg, falling in New Delhi District since Nursery and he is resident of Sitaram Bazar, falling in Central District, Delhi – 110006. There are only two JNVs in Delhi, one in Mungeshpur which was established in 1987, wherein the petitioner has sought admission. The other is in Jaffarpur Kalan, which was established in the year 1991. Thus, it is submitted that meritorious students, if successful, need to be admitted in either of these schools.
6. It is submitted that the New Delhi District where the petitioner has been studying, has no JNV. Thus, the students belonging to New Delhi District, need to be admitted to the respondent School.
7. On the other hand, on behalf of the respondent it is submitted that the petitioner had completed his Vth Standard from Atal Adarsh Boys Vidyalaya, Mandir Marg, which comes under District New Delhi. However, he has furnished fabricated and frivolous information before court to mislead the court. It is submitted that the petitioner had studied in the aforesaid school falling in the New Delhi District, where JNV scheme is not applicable being 100% urban population. However, the petitioner wrongfully submitted the false information that the petitioner is covered under District Mungeshpur.
8. It is further submitted that the Executive Committee of the Navodaya Vidyalaya Samiti in its 37th Meeting held under the Chairmanship of the Minister of Human Resource Development (now renamed as Ministry of Education) has approved that Navodya Vidyalaya Scheme is not applicable in 2 districts, i.e., Central Delhi and New Delhi, being 100% urban districts, out of the 11 Districts in Delhi. Thus, it is contended that the petitioner is not eligible to get admission in JNV Mungeshpur, where the petitioner had applied. Moreover, as per Clause 3.1 of the Prospectus for admission to JNV, provisional selection does not vest any right to get admission, unless the documents are duly verified by the Selection Committee of the Vidyalaya.
9. It is the case of the respondent that as per Clause 4.1(a), only the bona fide resident candidates from the district concerned where the JNV is located, are eligible to apply for admission. The children selected on the basis of the test will be admitted only in the JNV located in the district concerned where they are studying in Class V. In the instant matter, the petitioner had completed his Vth
The obligation of the Government to provide equal opportunity to all its citizens for education and admission to educational institutions, ensuring fairness and equality in educational policies.
The main legal point established in the judgment is that false information provided in the admission forms was not deliberately given to get any undeserved benefits, rather it was given either by the....
Altering admission criteria during an ongoing selection process violates established principles of fairness and Article 16 rights, emphasizing the necessity of adhering to initially published rules.
The Right of Children to Free and Compulsory Education Act, 2009 guarantees every child's right to education, and administrative decisions regarding admission must be based on clear and justifiable g....
The main legal point established in the judgment is the applicability of reservation to Other Backward Classes (OBC) candidates in Central Educational Institutions, as provided under the Central Educ....
Eligibility for admission to Jawahar Navodaya Vidyalayas requires candidates to be residents of the district where the JNV is located and to have studied class V in that district.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
