$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 16^th March, 2023 + W.P.(C) 648/2023 & CM APPL. 2517/2023 SIRJEET KUMAR MINOR ..... Petitioner Through: Mr. Naushad Alam & Mr.

Sandeep Kr. Pathak, Advocates (M:9899743251,email:naushad alamadv@gmail.com)

versus JAWAHAR NAVODAYA VIDYALAYA MUNGESHPUR ..... Respondent Through: Mr. S. Rajappa, Mr. R. Gowri Shankar, Advocates (M:9810063946,email:advocate rajappa@gmail.com)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]

MINI PUSHKARNA, J. (ORAL):

1. The present petition has been filed by a minor through his father with prayer for setting aside and quashing the letter dated 11.01.2023 issued by the respondent to the father of the petitioner. By way of the said letter, admission of the petitioner in Class VI in Jawahar Navodaya Vidyalaya (JNV), Mungeshpur was cancelled by the respondent on the ground that the petitioner was outside the district and thus, not entitled for admission in the said school.

2. As per the case of the petitioner, he belongs to a Scheduled Tribe (ST) category and belongs to economically and socially weaker Signature Not Verified Digitally Signed W.P.(C) 648/2023 Page 1 of 18 section of the society. Father of the petitioner is a taxi driver.

3. In November 2021, petitioner applied for admission in Class VI in respondent School. He passed the selection test held in April 2022 and was placed under waiting list published in December 2022 in ST category.

4. The petitioner was asked to come to the respondent school on 23.12.2022 and complete the admission formalities. After completion of all the formalities including medical test, petitioner was admitted in the respondent School. However, subsequently on 14.01.2023, father of the petitioner received a letter dated 11.01.2023 sent by the respondent School through post, stating that admission of the petitioner is cancelled on the ground of being outside the district/area.

Thus, the present writ petition has been filed.

5. It is the case of the petitioner that he has been studying in Atal Adarsh Boys Vidyalaya, Mandir Marg, falling in New Delhi District since Nursery and he is resident of Sitaram Bazar, falling in Central District, Delhi – 110006. There are only two JNVs in Delhi, one in Mungeshpur which was established in 1987, wherein the petitioner has sought admission. The other is in Jaffarpur Kalan, which was established in the year 1991. Thus, it is submitted that meritorious students, if successful, need to be admitted in either of these schools.

6. It is submitted that the New Delhi District where the petitioner has been studying, has no JNV. Thus, the students belonging to New Delhi District, need to be admitted to the respondent School.

7. On the other hand, on behalf of the respondent it is submitted that the petitioner had completed his V^th Standard from Atal Adarsh Signature Not Verified Digitally Signed W.P.(C) 648/2023 Page 2 of 18 Boys Vidyalaya, Mandir Marg, which comes under District New Delhi. However, he has furnished fabricated and frivolous information before court to mislead the court. It is submitted that the petitioner had studied in the aforesaid school falling in the New Delhi District, where JNV scheme is not applicable being 100% urban population. However, the petitioner wrongfully submitted the false information that the petitioner is covered under District Mungeshpur.

8. It is further submitted that the Executive Committee of the Navodaya Vidyalaya Samiti in its 37^th Meeting held under the Chairmanship of the Minister of Human Resource Development (now renamed as Ministry of Education) has approved that Navodya Vidyalaya Scheme is not applicable in 2 districts, i.e., Central Delhi and New Delhi, being 100% urban districts, out of the 11 Districts in Delhi. Thus, it is contended that the petitioner is not eligible to get admission in JNV Mungeshpur, where the petitioner had applied. Moreover, as per Clause 3.1 of the Prospectus for admission to JNV, provisional select