JUDGMENT :

MANASH RANJAN PATHAK, J.

1. Heard Mr. Mr. M.H. Ansari, 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, Navodaya Vidyalaya Samiti and Jawahar Navodaya Vidyalaya for the respondent Nos. 2 to 4.

2. Petitioners herein are minors and are represented by their natural guardians. Petitioner Nos. 1 and 2 are from Kamrup (Metro) District, petitioner No. 3 is from Kamrup District and petitioner No. 4 is from Dhubri District and claimed that for his studies he is residing with his maternal uncle at Boko of Kamrup District, where he has completed Class-III and IV and studying in Class-V.

3. Petitioners contentions are that inspite of their selection in the Jawahar Navodaya Vidyalaya Selection Test-2022 (JNVST) for Admission to Class-VI at Jawahar Navodaya Vidyalaya, Rangia, Kamrup District the Principal of the said School is not allowing them to take admission in Class-VI in that Vidyalaya. Hence this writ petition

4. By order dated 17.08.2022, the Court passed an interim order in the matter directing the respondent authorities of Jawahar Navodaya Vidyalaya, Rangia, Kamrup District not to fill up four seat, three for Unreserved and on for Schedule Tribe in Class-VI in that Vidyalaya, which is still in force.

5. Ms. R.S. Choudhury, learned Standing Counsel for the respondents Navodaya Vidyalaya Samiti (NVS) and Jawahar Navodaya Vidyalayas (JNVs) stated that for the purpose of selection test for admission to Class-VI in Jawahar Navodaya Vidyalayas (JNVs) of the Country for the Session 2022-2023, the Navodaya Vidyalaya Samiti (NVS) issued the “Prospectus for Jawahar Navodaya Vidyalaya Selection Test-2022 (JNVST) for Admission to Class-VI.” Selection Test for admission to Class-VI for the Session 2022-2023 in all the Jawahar Navodaya Vidyalayas of the Country that are under the management of the NVS was conducted by the CBSE on 30.04.2022 and that the result of the said selection test was published on 06.07.2022.

6. Ms. Choudhury placing the provisions of Clause 2.1(i) under the heading “HOW TO APPLY FOR JNV SELECTION TEST - Procedure to register online for JNV Selection Test 2022” and Clause 3.1 under the heading “ Selection and Admission” of the “Prospectus for JNVST-2022 for Admission to Class-VI” stated that though petitioners participated in the said JNVST-2022 for their admission to Class-VI at JNV, Rangia, Kamrup District and got selected in the said selection test, but their said selection is provisional till they are finally admitted in Class-VI in that Vidyalaya, which is only after due verification of required certificates and documents as prescribed by the NVS. In the said Prospectus Clause 2.1(i) under the heading “How to apply for JNV Selection Test - Procedure to register online for JNV Selection Test 2022” it is provided that - Verification of proofs for residence, age, eligibility, will be done for selected candidates through the laid down procedure after the declaration of results. Further, Clause-3.1 under the heading “Selection and Admission” in the same Prospectus it is stipulated that - Selection in the test will not vest any right on the candidate to secure admission into the JNV. At the time of seeking actual admission, each selected candidate will have to produce all relevant certificates, as prescribed by the NVS. Until admission, the selection is provisional only. Candidates are advised to apply for TC from parent school only after the verification of documents and confirmation of admission by the respective JNV.

7. As such, it is an admitted fact that selection in the JNVST-2022 will not vest any right on the candidate to secure admission into the JNVs and each selected candidate at the time of seeking actual admission will have to produce all the relevant certificates that are prescribed by the Navodaya Vidyalaya Samiti, and that until admission of the candidate in the JNV concerned his/her