Bombay High Court
Vedant Baban Nandgavkar And Ors vs The Navodaya Vidyalaya Samiti And Ors on 1 March, 2024
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2024:BHC-AS:9910-DB
Tauseef 907-WP.2617.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2617 OF 2023
1. Vedant Baban Nandgavkar,
2. Sarthak Sanjay Harale,
3. Shreyas Vijay Kumbhar,
4. Atharv Sharad Nale,
5. Vishal Kundlik Patil. ...Petitioners
Versus
1. The Navodaya Vidyalaya Samiti,
(An Autonomous Organisation),
under Ministry of Human Resources
Development.
2. The Navodaya Vidyalaya Samiti,
Having its Regional Office at,
Sheti Mahamandal Bhavan, Pune.
3. Jawahar Navodaya Vidyalaya Padave,
Through its Principal, Ratnagiri. ...Respondents
WITH
WRIT PETITION NO.2618 OF 2023
1. Atharv Sambhaji Shinde,
2. Shravan Suhas Sawant,
3. Rudra Kundlik Nandgavkar. ...Petitioners
Versus
1. The Navodaya Vidyalaya Samiti,
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(An Autonomous Organisation),
under Ministry of Human Resources
Development.
2. The Navodaya Vidyalaya Samiti,
Having its Regional Office at,
Sheti Mahamandal Bhavan, Pune.
3. Jawahar Navodaya Vidyalaya Padave,
Through its Principal, Ratnagiri. ...Respondents
__________
Mr. Prashant Bhavake for the Petitioner (in both the petitions).
Ms. Neeta V. Masurkar a/w. Ms. Nieyaati V. Masurkar for the
Respondents.
__________
CORAM : A. S. CHANDURKAR,
JITENDRA JAIN, J.J.
Date on which the Arguments were Heard : 2nd February 2024.
Date on which the Judgment is Pronounced : 1st March 2024.
JUDGMENT :
- (Per Jitendra Jain, J.)
1. Rule. Rule made returnable forthwith. By consent of the
parties heard finally.
2. Since the issue involved in both the Writ Petitions are
identical except the name of the Petitioners, we propose to dispose of
both the writ petitions by a common order. For the sake of convenience,
we will narrate the facts of the Writ Petition No.2617 of 2023.
3. By this petition under Article 226 of the Constitution of India,
the Petitioners seeks to challenge communication dated 26 th November
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2021 issued by Respondent No.3-JNV informing the Petitioners that
their admission to 6th standard is cancelled and further the Petitioners
pray that Respondents be directed to grant admission to the Petitioners
to 7th standard for the academic year 2022-2023.
4. Brief facts are as under:-
(i) The Petitioners were students who were studying in 5 th standard
during the academic year 2020-2021. For the academic year 2021-
2022, the Petitioners appeared for selection test conducted by the
Respondents for admission to class 6 th. The Petitioners cleared the
said selection test in general category as per the merit list dated
24th September 2021. The Petitioners filled the admission form
giving details and the documents. However, the Respondents vide
their impugned communication dated 26 th November 2021
informed that on perusal of the admission form following
discrepancies were found:-
"1. Date of admission of the students to 5th Standard not mentioned.
2. Date of admission to 5th standard, mentioned on the Information letter to
be submitted to the Navodaya Vidyalaya.
3. Month of admission to 5th standard not mentioned in the Admission
Form."
(ii) Thereafter, as per page 14 of the petition, it is stated that the
Petitioners cleared 6th standard from another primary school and
are now seeking admission in 7th standard in Respondent No.3-JNV
School.
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(iii) It is on the above backdrop that the Petitioners are before us
seeking the relief as prayed for.
5. The Petitioners submit that on identical issues, this Court has
permitted admission to 6th standard to the students who had filed
petitions and, therefore, since the Petitioners are similarly placed,
Respondents be directed to grant admission to the Petitioners in 7 th
standard, since the Petitioners have already cleared 6 th standard from
another primary school. The Petitioners submit that rejection of
admission by Respondent No.3 to 6 th standard was incorrect since the
other students who approached the High Court and got a favourable
order were admitted to class 6th and, therefore, even the Petitioners
should have been granted admission in 6 th standard for the academic
year 2021-22. Since the same was not granted, the Petitioners were
compelled to pursue their 6th standard from another primary school and
now the Petitioners are entitled for class 7 th admission in Respondent
No.3-School. The Petitioners relied upon the following decisions.
(i) Anushka Sambhaji Patil & Ors. Vs. The Navodaya Vidyalaya Samiti
& Ors. in Writ Petition No.2926 of 2022;
(ii) Pritam Vijay Anuse & Ors. Vs. The Navodaya Vidyalaya & Ors. in
Writ Petition No.10553 of 2022; and
(iii) Ku. Shubham Vijay Patil & Ors. Vs. The Navodaya Vidyalaya Samiti
& Ors. in Writ Petition No.9310 of 2022.
6. The Petitioners, therefore, pray that the writ petition be
allowed in terms of prayer clause (b).
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7. Per contra, the Respondents opposed the petition on the
ground that the writ petition is to be dismissed on the ground of delay
and laches. The Respondents further submitted that the Petitioners do
not stay in Ratnagiri District, but the family home is in Kolhapur and,
therefore, even on this ground, the condition specified to seek
admission in Respondent No.3-School is not satisfied. The Respondents
relied upon the Affidavit-in-reply dated 4th December 2023 and prayed
that petition be dismissed.
8. We have heard learned counsel for the Petitioners and
Respondents and with their assistance have perused the documents
annexed to the petition and the Affidavit-in-reply on behalf of the
Respondents.
9. In our view and after hearing the parties, we are not inclined
to entertain the present petition for the following reasons:-
(i) The impugned communication whereby the admission of the
Petitioners is cancelled is dated 26 th November 2021, the
Petitioners have filed the present petition on 26 th February 2023.
In the petition, the Petitioners in paragraph 7 have stated that after
the decision of the co-ordinate bench passed on 29 th April 2022 in
Writ Petition No.2926 of 2022 (Anushka Sambhaji Patil & Ors. Vs.
The Navodaya Vidyalaya Samiti & Ors.) and on 17 th February 2023
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in Writ Petition No.10553 of 2022 (Pritam Vijay Anuse & Ors. Vs.
The Navodaya Vidyalaya Samiti & Ors.), they had approached the
Respondents for admission, since they were similarly placed
students as that of the Petitioners in the said petitions. Except
making this averment, there is no further pleading to explain the
delay in approaching this Court. At the direction of the Court, the
Petitioners have produced copy of emails dated 26 th/28th July 2022
addressed by the Petitioners to the Respondents in support of
above referred averment.
(ii) In our view, the Petitioners ought to have approached this Court
immediately when the communication dated 26 th November 2021
was received. They have not challenged the said communication
till 26th February 2023 and after having taken admission in other
school, the Petitioners are not justified in contending that since
they were following up with the school, there was a delay in filing
the present petition. The Petitioners cannot on the basis of the
decision passed in another case take such a plea to explain the
delay. Even otherwise, the emails addressed by the Petitioners to
the Respondents are of July 2022, whereas the present writ
petition is filed in February 2023. Except making a bald averment
that they were following up with the Respondents, there is no
other explanation for the delay from July 2022 to February 2023 in
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approaching this Court. Therefore, the present petition is required
to be dismissed on the ground of delay and laches. In any case,
the said dismissal would not affect the Petitioners since there is no
loss of academic year because the Petitioners availed admission in
other school.
(iii) The Petitioners are claiming its right for admission to class 7 th on
the basis of the admission test which they took in the year 2021 for
6th standard. In our view, since the test given by the Petitioners
was for Standard 6th academic year 2021-2022, same cannot form
the basis to claim admission to Class 7 th in Respondent No.3-
School.
(iv) The Petitioners in the petition have stated that they have passed
class 6th from another primary school. If that be so, then the
Petitioners are deemed to have accepted the communication dated
26th November 2021 by which Respondents informed the
Petitioners about their cancellation of admission to class 6 th for the
reasons mentioned therein. Therefore, the Petitioners took
admission in class 6th of another school before filing the writ
petition. The Petitioners today are not justified in challenging the
communication dated 26th November 2021 by which their
admission to class 6th was cancelled. Therefore, on this count also
the Petitioners are not entitled for the relief.
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(v) The decisions relied upon by the Petitioners are not applicable
since there was no delay by those Petitioners in approaching this
Court which is the not case with regard to the present Petitioners
and, therefore, those decisions would not come to the assistance of
the Petitioners.
10. Therefore, viewed from any angle, the present writ petition
cannot be entertained and the same is dismissed. Rule is discharged.
No order as to costs.
11. For the reasons stated in Writ Petition No.2617 of 2023, Writ
Petition No.2618 of 2022 is also dismissed.
[JITENDRA JAIN, J.] [A. S. CHANDURKAR, J.]
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