Admission policies must not infringe upon a child's fundamental right to education, particularly where exceptional circumstances arise.

JUDGMENT :

Jyotsna Rewal Dua, J.

Petitioner is a minor, aged about 10 years and has filed this writ petition through her natural guardian i.e. mother. Petitioner primarily seeks a direction to the respondents, in particular, respondents No. 1, 5 and 7, to allow her admission in Class VI in Jawahar Navodaya Vidyalaya, Kothipura, District Bilaspur, H.P.-Respondent No.5 or in the alternative in Jawahar Navodaya Vidyalaya, District Hamirpur- respondent No.7.

Respondent No.5-Jawahar Navodaya Vidyalaya, Kothipura, District Bilaspur, H.P., vide its communication dated 07.05.2024 had declined to grant admission to the petitioner on the ground that petitioner did not study in Class V from any school located in District Bilaspur, therefore, in terms of the admission policy of Jawahar Navodaya Vidyalaya, petitioner was not eligible for admission to Class VI in respondent No.5-Jawahar Navodaya Vidyalaya, Bilaspur.

2. Following facts are not in dispute.

2(i) Petitioner is a bonafide Hamachali and permanent resident of Village Muchhwan, Post Office Karloti, Tehsil Ghumarwin, District Bilaspur.

2(ii) Petitioner belongs to Other Backward Classes Category. Her family is also included in the Below Poverty Line list.

2(iii) Petitioner passed out Class V from ANM Public Senior Secondary School Chowki Baragram District Hamirpur-respondent No.6 on 3.04.2024. This school is located within 1 K.M. from the house of the petitioner at Village Muchhwan, Tehsil Ghumarwin, District Bilaspur, H.P. This school is duly recognized by the Education Department of State of Himachal Pradesh.

2(vi) The petitioner was desirous of getting admission in Jawahar Navodaya Vidyalaya, Bilaspur. She accordingly submitted her application form. She participated in the entrance test for admission to Class VI on 20.01.2024. Her name figured in the merit list. However, she was declined admission by Jawahar Navodaya Vidyalaya, Bilaspur, on the ground that she had passed out her Class V from a school located at District Hamirpur.

3. I have heard learned counsel on both sides, who have canvassed their respective cases as put forth in the pleadings. Learned counsel for the petitioner submitted that 25 seats are available for admission to Class VI in Jawahar Navodaya Vidyalaya, Bilaspur and 12 seats are available for Class VI in Jawahar Navodaya Vidyalaya, Hamirpur. This position was not disputed by learned Deputy Solicitor General of India.

4. Respondents No.1, 5 and 7 have issued a prospectus governing admissions to Jawahar Navodaya Vidyalaya for the session 2024-25. Clause 4.1 thereof lays down conditions of eligibility for admission to Class VI in Jawahar Navodaya Vidyalaya (JNV). Contentions of both sides revolve around this Clause. Being relevant, the clause is extracted hereinafter: -

“4.1 (a) Admission of candidate to class VI in a JNV is district specific. A candidate who is studying class V in a district is allowed to apply for admission to JNV in the same district only. Only the bonafide resident candidates from the district concerned where the Jawahar Navodaya Vidyalaya has been located and studying class V in the same district are eligible to apply for admission. The valid residential proof as notified by Govt. of India of the parent of the same district where the candidate has studied class V and appeared for the JNVST is to be submitted by the provisionally selected candidate at the time of admission. However, if the district where JNV is opened is bifurcated at a later date, the old boundaries of the district are considered for the purpose of eligibility for admission into JNVST, in case a new Vidyalaya is not opened in the newly bifurcated district yet.

(b) Candidate has to reside in the district where he/she is seeking admission in the J