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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA
Preeti Kumari – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility requirements for admission in jnv (Para 1 , 2) |
| 2. conditions for admission and seat availability (Para 3) |
| 3. interpretation of admission clauses (Para 4) |
| 4. right to education and extraordinary jurisdiction (Para 5) |
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)
Admission policies must not infringe upon a child's fundamental right to education, particularly where exceptional circumstances arise.
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.
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.
The main legal point established in the judgment is that the denial of admission to the petitioners was unjustified and not supported by the provisions of Sec. 15 of the Act of 2009, which guarantees....
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.
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.
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