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WP No. 147575/2020

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 15^TH DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR JUSTICE R.DEVDAS

WRIT PETITION NO. 147575 OF 2020 (EDN-AD)

BETWEEN:

SARVESH S/O. SANTOSHKUMAR GOWDRU

AGE : 11 YEARS, OCC : STUDENT,

R/O : SANTHOLLI, POST : KUPPAGUDDE-581358

TQ : SIRSI, DIST : UTTARA KANNADA,

SINCE MINOR, REPRESENTED BY NATURAL MOTHER AS

GUARDIAN, SMT.SHOBHA SANTOSHKUMAR GOUDRU.

…PETITIONER

(BY SRI. MRUTYUNJAYA S. HALLIKERI., ADVOCATE)

AND:

1.

THE UNION OF INDIA

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(DEPARTMENT OF SCHOOL EDUCATION & LITERACY)

124-C, SHASTRI BHAWAN, NEW DELHI,

INDIA-110001, REP.BY ITS SECRETARY.

2.

THE STATE OF KARNATAKA

DEPARTMENT OF BACKWARD CLASSES WELFARE

M.S.BUILDING, DR.AMBEDKAR VEEDHI,

BENGALURU-560 001, REP.BY ITS SECRETARY.

3.

NAVODAYA VIDYALAYA SAMITI

DEPARTMENT OF SCHOOL EDUCATION AND LITERACY

GOVERNMENT OF INDIA, B-15,

INSTIUTIONAL AREA SECTOR-62, NOIDA (U P),

UTTARA PRADESH-201309.

VINAYAKA

B V

Digitally signed by

VINAYAKA B V

Location: Dharwad

Date: 2022.06.30

09:35:40 +0530

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WP No. 147575/2020

4.

THE ASSISTANT COMMISSIONER (ACAD)

NAVODAYA VIDYALAYA SAMITI NALAGANDLA ROAD,

GOPANAPALLY, RANGAREDDY DISTRICT,

HYDRABAD-500 046.

5.

THE CHAIRMAN and DEPUTY COMMISSIONER KARWAR

UTTARA KANNADA DISTRICT,

JAWAHAR NAVODAYA VIDYALAYA SAMITI, OFFICE OF

THE DEPUTY COMMISSIONER, KARWAR-581301.

6.

THE PRINCIPAL

NAVODAYA VIDYALAYA, PANCHAVATI,

POST : MALAGI, MUNDGOD TALUK-581346,

UTTARA KANNADA DISTRICT.

…RESPONDENTS

(BY SRI.M.B.KANAVI., CGSC FOR R1, R3, R4 AND R6)

(BY SRI. SHIVAPRABHU S. HIREMATH., AGA FOR R2 AND R5)

THIS WRIT PETITION FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIAN PRAYING TO ISSUE A

WRIT,

ORDER

OR

DIRECTION

IN

THE

NATURE

OF

MANDAMUS DIRECTING THE RESPONDENTS NOT TO INSIST

THE PETITIONER TO OBTAIN CENTRAL OBC CERTIFICATE IN

TERMS OF COMMUNICATION BEARING NO.PATRANK NO.8-

41/2020/NVS-HR (JNVST) DATED 23.07.2020 ISSUED BY

RESPONDENT NO.4 VIDE ANNEXURE-G AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

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WP No. 147575/2020

ORDER

R.DEVDAS J., (ORAL):

This writ petition is filed by the petitioners-students

through their guardians/natural guardians seeking to

quash the notice dated 31.03.2020 issued by the Deputy

Commissioner

(Exam)

of

respondent

No.3-Navodaya

Vidhyalaya Samiti, an Autonomous Organization under the

Ministry of Human Resources Development, Department of

School Education and Literacy, Government of India and

subsequent

communications

dated

25.06.2020

and

31.07.2020. The petitioners also seek a direction to the

respondent authorities to allow the petitioners to get

admission to Class-VI in respondent No.6-The Principal of

Jawahar Navodaya Vidhyalaya, Dharwad.

2.

The grievance of the petitioners is that although

the respondent No.3 issued the prospectus for Javahar

Navodaya

Vidhyalaya

for

Selection

Test-2020

on

01.07.2019

calling

for

applications

from

interested

students for admissions to the Class-VI and consequently

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WP No. 147575/2020

the petitioners applied seeking admissions, nevertheless,

subsequently in view of the impugned notice dated

31.03.2020

and

subsequent

communications,

the

respondent authorities sought to deny admissions to the

petitioners on the ground that reservation is required to be

provided for Scheduled Caste, Scheduled Tribe and Other

Backward

Classes

students

and

insisted

that

the

petitioners should furnish OBC certificates issued by the

authorities under the Central Government OBC list.

However, by virtue of interim orders the petitioners were

admitted to Class-VI in the respondent/ Javahar Navodaya

Vidhya Samiti Schools.

3.

Nevertheless, the judgments/orders passed by

various High Courts, including the Hon’ble High Court of

Orissa were questioned before the Hon’ble Supreme Court

in SLP(C) Nos.28-25/20