JUDGMENT :

MANASH RANJAN PATHAK, J.

1. In both the writ petitions, heard Mr. M.U. Mondal, learned counsel for the petitioners and Mr. G. Pegu, learned Central Government Counsel for the respondent No. 1. Also heard Ms. R.S. Choudhury, learned Standing Counsel, Jawahar Navodaya Vidyalaya Samiti for the respondent Nos. 2 to 4 and Ms. D. Das Barman, learned Government Advocate, Assam for the respondent No. 5.

2. As the issues involved in both the matters are identical, the Court decided to take up the matters together for consideration.

3. In W.P. (C) No. 6653/2022, the petitioner appeared in the Selection Test-2022 for her admission in Class-VI at Jawahar Navodaya Vidyalaya Alomganj, District-Dhubri for the Session 2022-23. It is stated that though her name figured in the select list, was called for verification of testimonials and other relevant documents, pursuant to which she appeared and submitted all the relevant testimonials and documents, but the Principal of the said Vidyalaya did not allow her to take admission in Class-VI on the ground that she is a repeater in admission tests for her admission to Class-VI at Jawahar Navodaya Vidyalaya.

4. In W.P. (C) No. 7332/2022 the petitioners appeared in the Selection Test-2022 for their admission in Class-VI at Jawahar Navodaya Vidyalaya, Bongaigaon, District-Bongaigaon for the Session 2022-23. Though their names figured in the select list and were called for verification of their testimonials and other relevant documents and inspite of producing all the required documents, but the Principal of said Vidyalaya did not allow them to take admission in Class-VI on the ground that they are repeaters in admission tests for their admission to Class-VI at Jawahar Navodaya Vidyalaya.

5. Petitioners stated that relying on Clause 4.7 of the Navodaya Vidyalaya Scheme as provided in the Prospectus for Jawahar Navodaya Vidyalaya Selection Test for 2022 (JNVST 2022, in short) for admission to Class-VI as formulated by Navodaya Vidyalaya Samiti (NVS in short) that stipulates as “No candidate is eligible to appear in the Selection Test for the second time, under any circumstances” the Principals of those two Vidyalayas did not allow them to take admission.

6. Indicating 13 such candidates, i.e. Arifa Yesmin, Shahinur Islam, Masud Hassan, Arif Rayhan Khan, Fardin Hussain Mondal, Moonjit Brahma, Ashiqul Habib, Hafizul Islam, Sanom Fariha Ahmed, Almina Sultana, Mehedi Hassan Ahmed, Hasibur Islam and Daisy Ray of Bongaigaon, the petitioners have alleged that many such students who passed admission test on their second or third attempts, have been allowed to take admission in Class-VI in JNVs, whereas, their admission have been rejected on the ground of Clause 4.7 of said Navodaya Vidyalaya Scheme, which is in gross violation of Articles 14 and 16 of the Constitution of India.

7. Hence by filing these writ petitions the petitioners have prayed to set aside and quash the said Clause 4.7 stipulated in the Prospectus for Jawahar Navodaya Vidyalaya Selection Test for 2022 Scheme as arbitrary, mala-fide, discriminatory, unfair, unjust, improper, bias and ultra-vires, being in violation of the provisions of Articles 14, 16, 19 and 21 (A) of the constitution of India and without authority of law as well as against the new Scheme of New Education Policy of Government of India.

8. Petitioners have also prayed for issuance of writ of Mandamus directing the respondent authorities of the JNV to admit them in Class-VI at JNV, Alomganj PT-IX, District-Dhubri and at JNV Bongaigaon, District-Bongaigaon, respectively, for the Session 2022-23.

9. The petitioners herein are minors and are represented by their natural guardians either by father or mother.

10. The petitioners read upto Class-V and left it in March 2022 on completion of their Class-V. The petitioner of W.P. (C) No. 6653/2022 being eligible to get admission in JNVs Alomganj in Class-VI for the Session 2022-23 submitted her online application form to appear in the inte