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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Moirangthem Abungthoi Singh & Ors. - Appellants
Versus
State Of Manipur & Ors. - Respondents
W.P.(C) No. 917 of 2021 with W.P.(C) No. 429 of 2022
Decided On : 09-08-2022
Admission - Denial of Admission to Class-VI in Jawaharlal Navodaya Vidyalaya - National Policy of Education - JNV Selection Test - False Information - Mistake or Deliberate Act - Article 21 A of the Constitution of India
Fact of the Case:
The case involves the denial of admission of 12 children to class-VI in the Jawaharlal Navodaya Vidyalaya, Tuinom, Churachandpur District, Manipur. The petitioners submitted application forms on behalf of their wards seeking admissions in the JNV located in Churachandpur District against the rural quota. After the selection test, the Principal of the JNV notified the select list, and all the wards of the petitioners were found successful and included in the said select list. However, their admission was denied due to discrepancies in the information provided in the application forms.
Finding of the Court:
The court found that the children were eligible and qualified for admission in JNV, Churachandpur in terms of the eligibility conditions prescribed in the prospectus of JNVs. The court concluded that the false information provided was not deliberately given to get any undeserved benefits, rather it was given either by the petitioners or by the operator of the Cyber Cafe purely through mistake or oversight at the time of registration and submission of forms through online. The court also emphasized the Constitutional provisions guaranteed under Article 21 A of the Constitution of India for providing free and compulsory education to all children of the age of 6 to 14 years.
Issues: The main issue was whether the respondents were justified in cancelling the candidature and selection of the 12 children thereby denying their admission in class-VI in the JNV Churachandpur.
Ratio Decidendi: The court held that the false information provided was not deliberately given to get any undeserved benefits, rather it was given either by the petitioners or by the operator of the Cyber Cafe purely through mistake or oversight at the time of registration and submission of forms through online. The court also emphasized the Constitutional provisions guaranteed under Article 21 A of the Constitution of India for providing free and compulsory education to all children of the age of 6 to 14 years.
Final Decision: The court directed the respondents to allow the admission of the wards of the petitioners in class-VI at JNV, Churachandpur for the academic session 2022-2023 as early as possible preferably within a period of two weeks from the date of receipt of a copy of this order. The court also highlighted that the admission of class-VI in the JNVs had been over on 31.07.2022, but it will not be an impediment in allowing the admission of the wards of the children in view of the provisions of Section 15 of the Rights of Children to Free and Compulsory Education Act, 2009 wherein it is provided that no child shall be denied admission if such admission is sought subsequent to the extended period.
JUDGMENT
1. Heard Mr. S. Biswajit, learned counsel appearing for the petitioners, Mr. A. Vashum, learned Government Advocate appearing for the respondents No. 1, 2 & 3 and Mr. S. Samarjeet, learned senior panel counsel appearing for the respondents No. 4 & 5.
The present two writ petitions were heard jointly and the same are being disposed of by this common judgment and order as the facts and issues involved in the said two writ petitions are the same.
2. The issue involved in the present two writ petitions pertains to denial of admission of 12 children to class-VI in the Jawaharlal Navodaya Vidyalaya, Tuinom, Churachandpur District, Manipur.
3. The brief facts of the present cases is that in accordance with the National Policy of Education, Government of India started Jawaharlal Novadaya Vidyalayas (JNVs) Residential Schools fully financed and administered by Government of India through an autonomous organization, viz., Novadaya Vidyalayas Samiti. Admissions in JNVsare made through the Jawaharlal Novadaya Vidyalayas selection test to class- VI. The process for submission of application for JNV selection test is through online mode and verification of proof of residence, age, eligibility, etc., are to be done for selected candidates after the declaration of results. The eligibility conditions as provided under the prospectus of the school is that a candidate appearing for the selection test must have studied in class-V for the whole of the academic sessions in a Government/Government Aided or other recognised schools in the same district where the candidate is seeking admission. It is further provided under the prospectus of the school that a candidate seeking admission under the rural quota must have studied in class-III, IV and V completing full academic sessions from the Government/Government Aided/Government recognised schools located in rural areas, however, the candidate should study full academic sessions in class-V from the same district where admission is sought.
4. The JNV selection test for admission to class-VI in JNVs for the academic session 2021-2022 was scheduled to be held on 10.04.2021 and the last date for submission of application through online was 15.12.2020. The petitioners submitted application forms on behalf of their wards (12 in numbers) seeking admissions in the JNV located in Churachandpur District against the rural quota. After holding the selection test, the Principal of the JNV, Tuinom, Churachandpur District, notified the select list dated 24.09.2021 in respect of JNV, Churachandpur and all the wards of the petitioners were found successful and included in the said select list.
5. After notification of the list of selected candidates, the petitioners submitted all the relevant and necessary documents of their wards to the Principal, JNV, Tuinom, Churachandpur District, for the purpose of verification, however, the names of the petitioners' wards were kept in the list of candidates waiting for further verifications.
6. When the admissions of the petitioners' wards were not allowed even after the classes started and even after the mid-term/term-1 examination 2021 was held on 17.11.2021, the petitioners approached this Court by filing WP(C) No. 917 of 2021 with the prayer for directing the respondents to allow the admission of the petitioners' wards and to allow them to join the online classes in class-VI at JNV, Tuinom, Churachandpur.
On 02.02.2022, this Court passed an interim order in WP(C) No. 917 of 2021 directing the petitioners to appear before the Principal, JNV, Tuinom, Churachandpur on or before 05.02.2022 in connection with the verification process of their wards. This Court further directed the Principal, JNV, Churachandpur to take into consideration that the petitioners are illiterate persons and that the mistakes with regard to the childrens' status of class-III and IV was committed by t
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....
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 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.
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 main legal point established in the judgment is the applicability of reservation to Other Backward Classes (OBC) candidates in Central Educational Institutions, as provided under the Central Educ....
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