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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANASH RANJAN PATHAK, J.
Arjun Singh (Minor) and Others – Appellants
Versus
The Union of India and Others – Respondents
W.P. (C) No. 4934 of 2022
Decided On : 30-03-2023
Admission - Selection test - Petitioners stated that they studied in primary schools district and got selected for admission to Class-VI for the Session 2022-2023 in JNV, after a process of selection test, but the authorities of said JNV in not allowing them to take admission in said in terms of said letter dated of NVS stating that petitioners are from outside district, committed illegality – Held, It is well settled that procedure prescribed in Prospectus casts an obligation on applicants to apply in terms thereof and they cannot be heard to state later on that their cases should be accepted even if they did not adhere to conditions prescribed - It is also seen that petitioner are before Court only when they were not considered for admission in District though all of them were already aware of relevant provisions of said Prospectus, much before participating in JNVST-2022, following which authorities of concerned JNV refused to give them admission to Class-VI, inspite of their selection - Writ petitions stands dismissed
JUDGMENT :
MANASH RANJAN PATHAK, J.
1. Heard Mr. K.A. Mazumder, 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 5 and Ms. D. Das Barman, learned Government Advocate, Assam for the respondent No. 6.
2. Petitioners herein are minors and are represented by their natural guardians. Petitioners stated that they are from Hojai District, boarder district of Karbi Anglong District and that their parents are earning their livelihood by working in Karbi Anglong district.
3. 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 the result of the said selection test was published on 06.07.2022.
4. Petitioners participated in the said JNVST-2022 for their admission to Class-VI at JNV, Baithalongso, West Karbi Anglong District and got selected in the said selection test. Inspite of their selection, the authorities of said JNV, Baithalongso, West Karbi Anglong District did not allow them to take admission in Class-VI in that Vidyalaya in terms of the Letter No. F. No. 1-46/2022-NVS(Exam)/3277 dated 14.03.2022 issued by the NVS stating that they are resident of outside the district of West Karbi Anglong.
5. Petitioners stated that they studied in the primary schools of Karbi Anglong district and got selected for admission to Class-VI for the Session 2022-2023 in the JNV at Baithalongso, West Karbi Anglong after a process of selection test, but the authorities of said JNV, Baithalongso, West Karbi Anglong in not allowing them to take admission in the said Vidyalaya in terms of the said letter dated 14.03.2022 of the NVS stating that the petitioners are from outside the district of West Karbi Anglong, committed illegality.
6. Being aggrieved, the petitioners have preferred this writ petition praying amongst others to set aside and quash and/or not to give effect to the said Letter No. F. No. 1-46/2022-NVS(Exam)/3277 dated 14.03.2022 issued by the NVS and to direct the authorities of the said JNV, Baithalongso, West Karbi Anglong District and its Principal respondent No. 5 to allow them to take admission in Class-VI on being selected for admission in said JNV, Baithalongso in terms of Clause 4.1 of the “Prospectus for JNVST-2022 for Admission to Class-VI.”
7. The Court on 30.07.2022 passed an interim order directing the concerned Navodaya Vidyalaya Samiti not to fill up eight seats in Class-VI, which is still in force.
8. By filing an additional affidavit the petitioners stated that though their parents have placed (i) certificates regarding proof of their residence in the Karbi Anglong Autonomous Council issued by the Sarkari Gaon Burhas issued in the month of July-August, 2022, (ii) Land Allotment Certificates, (iii) Bank Passbooks of Langpi Dehangi Rural Bank, Kheroni Branch, Karbi Anglong, (iv) Driving Licenses issued by the DTO, Karbi Anglong, (v) House Rent Agreements, (vi) Trade Licenses issued by the Secretary, Taxation, Karbi Anglong Autonomous Council and (vii) copy of the Electricity Bills etc, to establish that they are resident of Karbi Anglong district; however, inspite of submission of all those documents, the respondents in the JNVs did not allow them to take admission in Class-VI for the Session 2022-2023.
9. Relying on the provisions of Clause 4.1 of said “Prospectus for JNVST-2022 for Admission to Class-VI”, petitioners submitted that on being selected in the JNVST 2022 to Class-VI for the JNV, Baithal
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.
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 the same district.
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....
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