Jharkhand High Court
Deepak Kumar (Minor) Represented ... vs Union Of India Represented Through The ... on 13 January, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6464 of 2024
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Deepak Kumar (Minor) represented through his natural
guardian/father - Jayant Kumar Pandey, resident of
Village- Garhitar, P.O. - Maledih, P.S.- Jasidih, District-
Deoghar ... ... Petitioner
Versus
1. Union of India represented through the Director, Jawahar
Navodaya Vidyalaya Sangathan, New Delhi
2. The Regional Director, Jawahar Navodaya Vidyalaya
Sangathan, Patna P.O. & P.S.- Digha, District- Patna
3. The Director, Jawahar Navodaya Vidyalaya Sangathan, BIT,
Mesra, Ranchi
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Jayant Kumar Pandey, Advocate
[Father of the petitioner(Minor)]
For the Respondents : Mr. Abhijeet Kumar Singh, C.G.C.
Order No. 04 Dated: 13.01.2025
The present writ petition has been filed for issuance of
direction upon the respondents to allow the petitioner to appear
in "Jawahar Navodaya Vidyalaya Selection Test, 2025" (in short
JNVST, 2025) for admission in class VI.
2. Mr. Jayant Kumar Pandey, Advocate - the father of the
petitioner submits that the petitioner has been studying in
"Kendriya Vidyalaya, Dhurwa" since 2020 and has applied for
"Jawahar Navodaya Vidyalaya Selection Test 2025" through online
mode for admission in class VI, however, the said application has
been rejected by the Deputy Commissioner (Examination),
"Navodaya Vidyalaya Samiti" vide letter no. 98 dated 25.11.2024
on the ground that though the petitioner is studying in class-V in
District Ranchi, however he is the resident of Deoghar District and
as such he is not eligible for admission in class-VI in Jawahar
Navodaya Vidyalaya, Ranchi.
3. It is further submitted that since the petitioner is studying
in Ranchi, rejection of his application is not tenable in law. The
"Jawahar Navodaya Vidyalaya" in which the petitioner seeks
admission is situated in district Ranchi and the petitioner has
studied in the same district till class-V hence, he cannot be denied
from participating in JNVST, 2025.
4. On the contrary, learned counsel appearing on behalf of
the respondents submits that as per clause 4.1(a) of the
prospectus-cum-notification of JNVST 2025 for admission to Class
VI, a candidate who is applying for admission to class VI, must
fulfil the twin test i.e. (i) he/she must be the resident of the
district where the "Navodaya Vidyalaya" is located and (ii) he/she
has studied class V in the same district.
5. It is further submitted that the petitioner is the resident of
Deoghar district and has passed Class V from the district of
Ranchi and as such, he does not fulfil the necessary twin eligibility
conditions mentioned under clause 4.1(a) of the said prospectus.
Accordingly, his application form has been rejected.
6. Learned counsel for the respondents in support of his
submission puts reliance on the following judgments: -
(i) Ku. Shubham Vijay Patil and Others Versus The
Navodaya Vidyalaya Samiti reported in 2022 SCC OnLine
Bom 3637
(ii) Gitika Nirmalkar Versus Union of India, Ministry of
Education Department of School Education and
Literacy and Others reported in 2024 SCC OnLine Chh.
10079
(iii) Vishal Verma (Minor) Vs. Union of India & Others
(W.P.C No. 11403 of 2023)
7. Heard learned counsel for the parties and perused the
materials available on record.
8. To appreciate the contention of learned counsel for the
parties, it would be appropriate to refer Clause 4.1 of the
prospectus-cum-notification of JNVST 2025 for admission to Class
VI, which reads as under:-
4.1 WHO IS ELIGIBLE
(a) Admission of candidate to class VI in a JNV is
district specific. A candidate who is studying class
V in a district is allowed to apply for admission to
JNV in the same district only. Only the bonafide
resident candidates from the district concerned
where the Jawahar Navodaya Vidyalaya has been
located and studying class V in the same district
are eligible to apply for admission to JNVs through
JNVST. The valid residential proof as notified by
Govt. of India of the parent of the same district
where the candidate has studied class V and
appeared for the JNVST is to be submitted by the
provisionally selected candidate at the time of
admission However, if the district where JNVs
opened is bifurcated at a later date, the old
boundaries of the district are considered for the
purpose of eligibility for admission into JNVST, in
case a new Vidyalaya is not opened in the newly
bifurcated district yet.
(b) Candidate has to reside in the district where
he/she is seeking admission in the JNV located in
the same District. Bonafide residence certificate of
the parent is to be submitted at the time of
verification of documents after the provisional
selection.
9. I have also gone through the judgment rendered by learned
Division Bench of Bombay High Court in the case of Ku.
Shubham Vijay Patil (supra.) wherein the learned Bench while
interpreting Clause 4.1 of the prospectus of JNV has held as
under: -
"9. Clause 4.1 under the caption 'Who is Eligible'
also provides insights for interpreting the clauses.
It states that only the candidates from the District
concerned where the JNV has been opened, are
eligible to apply for admission. The general rule
under the said Prospectus is that only the
candidates from the District concerned where the
JNV has been opened, are eligible to apply for
admission. Clause 3.6 further provides that the
children selected on the basis of District will be
admitted only in the JNV located in the District
from where they are studying in class 5 and appear
for the JNVST. Reading clause 3.6 and 4 conjointly
and harmoniously, irresistible conclusion that can
be drawn is that a candidate will be required to
satisfy the twin test for being eligible to get
admission in the JNV; (i) the candidate should have
passed 5th standard from the District where the
JNV is located; and (ii) only the candidates from
the District concerned where the JNV is opened,
are eligible to apply for admission. The condition of
residence certificate in the prescribed proforma in
case of NIOS i.e. the candidates should obtain 'B'
certificate and residence should be in the same
district where he is seeking admission, as provided
in clause 2.1 is an additional condition imposed for
clarification purpose. NIOS is a correspondence
course for the students who are not able to pursue
regular classes. For the said purpose, additional
precautions appears to have been undertaken. The
general rule of eligibility has been laid down in
clause 4.1. Clause 4.1 starts with the term 'only'. It
states that 'only the candidates from the district
concerned where the JNVs are opened are eligible
for admission'. The word 'only' implies that the
students other than the District where the JNV is
situated are excluded. No other interpretation is
possible. We cannot persuade ourselves to accede
to the arguments of the Mr. Bhavake, the learned
Advocate for the Petitioners that even though the
student may not be the resident of the same
District where the JNV is situated and if he has
passed 5th standard from the district where the
JNV is situated is eligible to be admitted. Such an
interpretation would be against the object and the
tenor of the clauses in the prospectus. The
aforesaid discussion leads us to conclude that the
candidate seeking admission to the JNV must
satisfy the twin test (i) he must be studying in
class V in Government/Government aided or other
recommended schools or B Certificate Competency
Course of NIOS in the same District where the JNV
is situated and (ii) he must be resident of the same
district where the JNV is situated and is seeking
admission."
10. The aforesaid judgment of the Bombay High Court has been
affirmed by the Hon'ble Supreme Court in S.L.P (C) No. 19285 of
2022.
11. I have also gone through the judgment rendered by learned
Division Bench of Chhattisgarh High Court at Bilaspur in the case
of Gitika Nirmalkar (supra.) wherein it has been held as under:
-
7. It appears from the guidelines of the Samiti
mentioned in the prospectus, that is Clause 3.5
which provides that the children provisionally
selected on the basis of the Test will be admitted
only in JNV located in the district from where they
are residing and studied in Class-V. The present
petitioner who is a student of District Kabirdham
completed Class-Vth in Kabirdham but seeking
admission in JNV Bemetara. The relief claimed by
the appellant is absolutely contrary to Clause 3.5 of
the prospectus which is a guideline of the JNV
Samiti. Learned Single Judge rightly dismissed the
petition observing that the petitioner's denial to
admission in JNV Bemetara is just and proper.
There is no illegality and infirmity in the order
passed by the learned Single Judge.
12. In the case of Vishal Verma (supra.), Allahabad High
Court also while relying on the judgment rendered in the case of
Ku. Subham Vijay Patil (supra.) and other judgments of the
Allahabad High Court rejected the claim of the petitioner of the
said case for admission in "Jawahar Navodaya Vidyalaya" on the
ground that he was not the resident of the district where the
"Jawahar Navodaya Vidyalaya" was situated.
13. I am also in agreement with the view taken in the aforesaid
judgments rendered by the different High Courts. Clause 4.1(a) of
the prospectus for admission to class VI in JNVs through selection
test for the session 2025-26 specifically and unambiguously
provides that the admission of candidates to Class VI in a JNV is
district specific and for being eligible to apply for admission to
JNVs through JNVST, a candidate must satisfy twin test i.e.,
(i) he/she must be the resident of the district where the
Navodaya Vidyalaya is located and
(ii) he/she has studied class V in the same district.
14. Further Clause 4.1 (b) of the prospectus makes it mandatory
for a candidate to submit residence certificate of his/her parents in
proof of his/her being the resident of the district where the JNV is
located.
15. In the present case, it is an admitted position that the
petitioner is the resident of Deoghar district and he has passed
Class- V from a school situated in Ranchi district. Thus, the
petitioner does not satisfy the twin conditions laid down under
clause 4.1 of the prospectus for admission in Class VI in JNV,
Ranchi.
16. The petitioner has not challenged clause 4.1 of the said
prospectus. Moreover, the purpose behind incorporating the said
clause is to give preference to the local candidates over others and
any deviation therefrom on the ground that the same may cause
hardships to any candidate will go against the spirit of the
eligibility clause provided in the prospectus. The said condition of
the prospectus has to be uniformly applied and should not be
deviated for convenience and desire of a candidate seeking
admission. If the petitioner is given admission in Ranchi district,
the same will cause great prejudice to the candidates who are the
residents of Ranchi district.
17. In view of the aforesaid discussion, I do not find any
justification in the contention made on behalf of the petitioner so
as to extend him any relief in exercise of the power under Article
226 of the Constitution of India.
18. The writ petition being devoid of merit is accordingly
dismissed.
(Rajesh Shankar, J.)
Ritesh/N.A.F.R.
