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.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents to allow the petitioner to appear in “Jawahar Navodaya Vidyalaya Selection Test, 2025” (in short JNVST, 2025) for admission in class VI.

2. Mr. Jayant Kumar Pandey, Advocate – the father of the petitioner submits that the petitioner has been studying in “Kendriya Vidyalaya, Dhurwa” since 2020 and has applied for “Jawahar Navodaya Vidyalaya Selection Test 2025” through online mode for admission in class VI, however, the said application has been rejected by the Deputy Commissioner (Examination), “Navodaya Vidyalaya Samiti” vide letter no. 98 dated 25.11.2024 on the ground that though the petitioner is studying in class-V in District Ranchi, however he is the resident of Deoghar District and as such he is not eligible for admission in class-VI in Jawahar Navodaya Vidyalaya, Ranchi.

3. It is further submitted that since the petitioner is studying in Ranchi, rejection of his application is not tenable in law. The “Jawahar Navodaya Vidyalaya” in which the petitioner seeks admission is situated in district Ranchi and the petitioner has studied in the same district till class-V hence, he cannot be denied from participating in JNVST, 2025.

4. On the contrary, learned counsel appearing on behalf of the respondents submits that as per clause 4.1(a) of the prospectus-cum-notification of JNVST 2025 for admission to Class VI, a candidate who is applying for admission to class VI, must fulfil the twin test i.e. (i) he/she must be the resident of the district where the “Navodaya Vidyalaya” is located and (ii) he/she has studied class V in the same district.

5. It is further submitted that the petitioner is the resident of Deoghar district and has passed Class V from the district of Ranchi and as such, he does not fulfil the necessary twin eligibility conditions mentioned under clause 4.1(a) of the said prospectus. Accordingly, his application form has been rejected.

6. Learned counsel for the respondents in support of his submission puts reliance on the following judgments: -

(i) Ku. Shubham Vijay Patil and Others Versus The Navodaya Vidyalaya Samiti reported in 2022 SCC OnLine Bom 3637

(ii) Gitika Nirmalkar Versus Union of India, Ministry of Education Department of School Education and Literacy and Others reported in 2024 SCC OnLine Chh. 10079

(iii) Vishal Verma (Minor) Vs. Union of India & Others (W.P.C No. 11403 of 2023)

7. Heard learned counsel for the parties and perused the materials available on record.

8. To appreciate the contention of learned counsel for the parties, it would be appropriate to refer Clause 4.1 of the prospectus-cum-notification of JNVST 2025 for admission to Class VI, which reads as under:-

4.1 WHO IS ELIGIBLE

(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 to JNVs through JNVST. 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 JNVs 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 JNV located in the same District. Bonafide residence certificate of the parent is to be submitted at the time of verification of documents after the provisional selection.

9. I have also gone through the judgment rendered by learned Division Bench of