The eligibility for admission under the Navodaya Vidyalaya Scheme is based on the location of the school and the student's study history in rural or urban areas.

JUDGMENT :

1. Heard learned advocate Mr. B.N.Limbachia for the petitioner, learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State and learned advocate Mr. Siddharth H. Dave for respondent No.7.

2.Leave to add The Mamlatdar, Lambha is permitted.

3.Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent-state and learned advocate Mr. Siddharth Dave waives service of notice of rule on behalf of respondent No.7.

4.By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“A. The Hon’ble Court be pleased to issue writ of Mandamus or any other appropriate writ, direction or order in the nature of mandamus for directing the respondent No. 4, 5 and 6 to decide the representation of the petitioner dated 13.11.2021 and be pleased to direct the authorities that the Rural Area Certificate be issued to the petitioner in the interest of justice;

B. The Hon’ble Court be pleased to issue writ of Mandamus or any other appropriate writ, direction or order in the nature of mandamus for directing the respondent No. 1,2,6 and 7 to admit the petitioner’s daughter Hemangi Chauhan to the Jawahar Navodaya Vidyalaya, vilalge Hathijan, in the interest of justice;

C. The Hon’ble Court be pleased to direct respondent No.6 and 7 to admit the petitioner’s daughter to the Jawahar Navodaya Vidayalaya, in the interim period, while the present Petition is pending final adjudication in the interest of justice;

D. The Hon;ble Court be pleased to pass such other orders as may be deemed just and proper in the circumstances of the case.”

5.Brief facts of the case are as under:

5.1 The petitioner is the father of a girl child named Hemangi Jayeshkumar Chauhan aged 13 years who was a student of Grade V with the Ideal Public School, Lambha, Taluka- Daskroi, District-Ahmedabad at the relevant time.

5.2 It is the case of the petitioner that Jawahar Navodaya Vidyalayas [for short ‘JNVs’] are co-educational schools fully aided and controlled by the Union of India through an autonomous organization called Navodaya Vidhyalaya Samiti. JNVs are granting admission to the students by conducting admission test by the Central Board of Secondary Education annually on All India basis at block and district level.

5.3 JNV schools are from VIth to XIIth standards established with objective of excellence coupled with equity social justice and to promote good quality modern education including strong component of culture, inculcation of values, awareness of environment, adventurous activities and physical education.

5.4 The petitioner therefore filled the form for his daughter for JNV selection test before the last date of 15.12.2022 and the daughter of the petitioner appeared in the test conducted on 11.08.2021 and cleared the same.

5.5 The name of the daughter of the petitioner was reflected in the select merit list declared by the Central Board Second Education and JNV Admission Committee in the month of September,2021.

5.6 It is the case of the petitioner that the petitioner thereafter submitted a necessary application form and other documents duly filled so as to comply with the admission formalities except rural area certificate required to grant admission to the daughter of the petitioner as per the Scheme.

5.7 Mamlatdar of the particular area is authorized to issue the certificate to the effect that a candidate has studied in Classes- III, IV, and V in a school i.e. located in rural area. However, in case of the daughter of the petitioner, the Mamlardar did not issue certificate on the ground that at present, designated area where the school of daughter of the petitioner was located is not a rural area but it is an urban area.

5.8 The petitioner has therefore filed this petition with the aforesaid prayers after persuading the Mamlatdar on time and again to issue a certificate as required for the admission of the daughter of the petitioner.

6. Learned advocate Mr.Limbac