Heard learned counsel for the parties, considered the case file and also interacted with Ms. Kirti Panwar, Deputy Commissioner, Navodaya Vidyalaya Samiti, Mr. Raj Singh, Principal, Jawahar Navodaya Vidyalaya, Una and Mr. Rajesh Kumar, Principal, Jawahar Navodaya Vidyalaya, Kangra, present in person.

2. Admitted position of facts is as under:-

2(i). Petitioner is resident of Village Upper Swana, Post Office Swana, Tehsil Jaswan, District Kangra. She studied in DAV Public Model School, Kalu Di Bar, District Una, located statedly at a distance of 1.5 Kilometers from her village, which falls in rural area, but in District Kangra. Petitioner passed out Class V from the aforesaid DAV Public Model School. According to the respondents’ officials, who are present in person, distance between Jawahar Navodaya Vidyalaya (JNV), Pekhubela, District Una and petitioner’s residence in District Kangra is though more than 1.5 kilometres, but less than 10 kilometres.

2(ii). After passing Class V from the aforesaid school in District Una, petitioner applied for admission to Class VI in respondent No.5-JNV, Pekhubela, District Una. She appeared in the admission test. On 27.03.2025 (Annexure P-1), respondent No.5 informed the petitioner about her having qualified the test for admission in Class VI in JNV Una. About two weeks later, i.e. on 15.04.2025, respondent No.5 issued another communication (Annexure P-4), informing the petitioner that she being bonafide resident of District Kangra, cannot be admitted in JNV Una as she was not bonafide resident of District Una.

2(iii). Feeling aggrieved against denial of admission in JNV Una, the petitioner instituted Avni Koundal Versus Union of India and others²CWP No.7121 of 2025, decided on 01.05.2025, which was decided as under:-

“Learned counsel for the petitioner prays for and is permitted to withdraw the petition, with liberty to file a fresh petition on the same cause, by assailing the vires of the conditions of the prospectus. Pending miscellaneous application(s), if any, also stand disposed of accordingly.”

2(iv). Pursuant to the liberty granted to the petitioner, she instituted this writ petition on 05.05.2025 laying challenge to the vires of conditions of the prospectus, which debarred her admission in any of the JNVs. Substantive reliefs prayed by the petitioner are as under:-

1. A writ of certiorari may kindly be issued to quash and set aside order dated 15.04.2025 (Annexure P-4) in the interest of justice.

2. A writ of mandamus may kindly be issued directing the respondents to grant admission to the petitioner in class VI in JNV Pekhubela, District Una forthwith in the interest of justice.

3. The condition 4.1(a) and (b) of the prospectus (Annexure P-2) to the extent it requires that the candidate should be a bonafide resident of the same district in which he/she applies for admission and further requirement of submitting a bonafide residence certificate by the parent of the candidate at the time of verification may kindly be struck down as unconstitutional and violative of Article 14 of the Constitution of India.”

2(v). Interim relief was not granted to the petitioner in view of twin conditions No.4.1(a) & 4.1(b) of the prospectus. During pendency of the writ petition, the petitioner continued her studies in Class VI in DAV Public Model School, Kalu Di Bar, District Una. She is now stated to have passed Class VI and has entered Class VII in the same school. Keeping in view the changed circumstances, the petitioner was permitted to amend the writ petition on 10.04.2026 for seeking admission to Class VII in JNV Una instead of Class VI in JNV Una, as prayed for in the original writ petition.

3. Petitioner has laid challenge, inter alia, to Clauses 4.1(a) and 4.1(b) of the Prospectus for admission to Class VI in JNVs through selection test for the session 2025-26, which read as under:-

“4.1(a) Admission of candidate to class VI in a JNV is district specific. A candidate who is studying class V in a