IMPORTANT POINT
In the facts and circumstances of the case appellants should be taken back as regular students of JNV, Buklana, Bulandshahar (U.P.) and be allowed to prosecute their studies as regular students of IXth standard and be also allowed to appear in the ensuing final examination. The adverse entries in the records of the appellants shall stand expunged.

Headnote:Education-5 students of Jawahar Navodaya Vidyalaya (JNV) inhailing from rural areas-Passed entrance-Completed VI, VII and VIII standards from JNV Buklana, District Bulandshar (U.P.)-In December 2001 midway transferred to JNV Periya in State of Kerala-Transfer causing interruption in regular studies-Became mis-fit-Advance entries made in records-Returned to erstwhile JNV who refused to accept them-Writ petition in Allahabad High Court-Dismissed-Appeal to Supreme Court-Whether be allowed? (Yes)-Direction issued but combined examination for IX and X declined-Order accordingly.
Held : We are little surprised to note how the young students who qualified at the selection and peacefully and successfully prosecuted their studies for three years in Buklana became violent, indisciplined or unsatisfactory soon on reaching Periya. There is something wrong somewhere. It would be a risky affair indeed for us to embark upon or tread into such areas as should better be left for consideration of child psychology experts and educationists. We are however definitely of the opinion, in the facts and circumstances of the case, that the appellants ought to be dealt with sympathy and shown indulgence far from being penalized for their so-called indiscipline which, it appears, is nothing but a manifestation of mal-adjustment. The appeal is allowed. The impugned decision of the High Court is set aside. Instead it is directed that the appellants shall be taken back as regular students of Jawahar Navodaya Vidalaya, Buklana, Bulandshar, U.P. and allowed to prosecute their studies as regular students of IXth standard and also allowed to appear at the ensuing final examination. The adverse entry, if any, made in the records of the students shall stand expunged. The appellants shall not be treated as failures or as those passing IXth standard examination in second attempt. After passing the IXth standard the appellants shall be available for prosecuting their further studies consistently with JNV scheme. The learned counsel for the appellants prayed that the appellants, in the facts and circumstances of the case, for which they cannot be blamed, have lost one valuable year of their educational career and they should be allowed to take both IXth and Xth standard examinations in this year. We are not inclined to allow that prayer. The appellants might have prosecuted their studies at their home but what is required for Xth standard examination conducted by CBSE is their regular attendance and receiving instructions in the school which they have not done. They should pass IXth standard examination and thereafter prosecute Xth standard studies. Before parting we would like to clarify that this judgment is not, nor is intended to be, any observation, much less a criticism, of the scheme or teachers or management of the schools either at Bulkana, Bulandshahar or at Periya, Kerala. The teachers must have, presumably done their best to salvage the situation. Yet we feel the need for more care and caution and some additional thinking for better and successful implementation of the scheme the utility whereof in national interest cannot be doubted. The worth of the scheme shall be assessed by its success and not by failures. The appeal is disposed of in the abovesaid terms with no order as to the costs. (Paras 7, 8, 9, 10 & 11)

JUDGMENT

R.C. Lahoti, J.-Pursuant to the National Education Policy, 1986 the Government of India established Jawahar Navodaya Vidyalaya (JNV) over the country. Such schools became operational for 27 States and 6 Union Territories of the country. The schools are co-educational residential schools placed under the care of an independent organization, called Navodaya Vidyalaya Smiti, completely financially aided from Government of India. Admissions in JNV are done in class VI through an entrance examination called Navodaya Selection Examination. The medium of education till class III is mother-tongue or regional language. From IXth standard English medium is resorted to for imparting instructions in mathematics and science. For Social Science, Hindi is the medium. The students of these schools sit in class Xth and XIIth examinations conducted by Central Board of Secondary Education. The aims of the scheme are : (i) through the policy of migration, to increase national unity amongst the students; (ii) to increase and support virtuous students especially of village areas and of weaker sections of the society; (iii) to provide best education for the complete development to virtuous students; and (iv) to establish organizations at the district level which will work as resource center for increasing excellence. The scheme aimed at establishing one school in every district of the chosen States and Union Territories. 25 JNVs were opened during 2001-2002.

3. The petitioners are 5 young students hailing from rural background of District Bulandshar in the State of U.P. They were selected for admission into JNV. They passed VIth, VIIth and VIIIth standard examinations from JNV, Buklana, District Bulandshar, U.P. Their performance was satisfactory. The petitioners claim that they secured good marks at the examinations. Their schooling in Bulandshar was peaceful and without any hassles. In December, 2001, midway the session, they were transferred to JNV, Periya, District Kasaragod of the State of Kerala. They reached the destination and joined the Vidyalaya on 3.12.2001. It was time for mid-term examinations. The transfer did cause interruption in regular studies. The 5 children all in the age-group of 13-14 years could not carry on well in the transferee JNV. The petitioners grievance or the explanation for their having rendered mis-fit at the transferee JNV is that the dialect and language commonly spoken there was Malayalam as amongst the students and teachers but there was no teacher of Malayalam for a period of two years and they failed to assimilate themselves in conversation and communication. The local children had some bias against the petitioners mainly erupted by language and cultural gulf. The teachers too, the petitioners felt, while apprised of their discomfiture sided with local children and therefore the petitioners felt alien and insecure. All this resulted in mal-adjustment. The petitioners could not assimilate with the locals and minor incidents, to some extent violent too, erupted. The petitioners and their associates resorted to abstention from classes and abstention from taking food too - something short of hunger strike. The teachers tried to discipline the students but did not succeed. At one point of time police was also called on the campus. In January, by the time the petitioners had spent 5 or 6 weeks at Periya they were issued transfer certificates and discharged from the JNV. The transfer certificates contained remarks such as "general conduct - not satisfactory" and "reasons for leaving the school on disciplinary grounds". The child students came back to their parental land only to find their fire of frustration being fuelled by the refusal of their erstwhile JNV to accept them back. They filed a writ petition in the Allahabad High Court which has been dismissed. This is an appeal by special leave.

3. Leave granted.

4. The institutions of JNV at Buklana, Bulandshar, at Periya, Kerala and central authori

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