Karnataka High Court
Pradnya Bobbi D/O Manjunath ... vs The Navodaya Vidyalaya Samithi on 15 June, 2022
Bench: R.Devdas
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WP No. 147477 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 147477 OF 2020 (EDN-AD)
BETWEEN:
1. PRADNYA BOBBI D/O. MANJUNATH KASHAPPA BOBBI,
AGE: 11 YEARS, MINOR REPRESENTED
BY HER FATHER AND NATURAL GUARDIAN
MANJUNATH KASHAPPA BOBBI, AGE: 42 YEARS,
OCC:AGRICULTURIST, R/O: M.R. KALLATTI,
MALLIKARJUN NAGAR, SUNDATTI ROAD, DHARWAD.
2. SANTOSHI M. ULAVI,
D/O. MANJUNATH NEELAKANTAPPA ULAVI,
AGE: 11 YEARS, MINOR REPRESENTED BY
HER FATHAR AND NATURAL GUARDIAN
MANJUNATH NEELAKANTAPPA ULAVI, AGE: 42 YEARS,
OCC:AGRICULTURIST, R/O: AT POST, LINGANAMATH,
TQ: KHANAPUR, DIST: BELAGAVI-591 106.
3. SUKAVYA G HANABARATTI,
D/O. GANGAPPA N HANABARATTI,
AGE: 11 YEARS, MINOR REPRESENTED
BY HER FATHAR AND NATURAL GUARDIAN
GANGAPPA N. HANABARATTI, AGE: 41 YEARS,
OCC: AGRICULTURIST, R/O: AT POST,
Digitally
signed by
KALABHAVI, TQ: KITTUR, DIST: BELAGAVI-591 115.
VINAYAKA
BV
VINAYAKA Location:
BV Dharwad
Date:
4. PARAMESHWARAPPA MATTI,
2022.06.30
09:34:42
+0530
S/O. PRAKASH MOHAN MATTI,
AGE: 11 YEARS, MINOR REPRESENTED
BY HIS FATHER AND NATURAL GUARDIAN
PRAKASH MOHAN MATTI, AGE: 40 YEARS,
OCC:AGRICULTURIST, R/O: BASVESHWAR NAGAR,
AT POST GARAG, TQ & DIST: DHARWAD-581 105.
5. PRASHANT M. UGARGOD,
S/O. MALLIKARJOUN S. UGARGOD,
AGE: 11 YEARS, MINOR REPRESENTED BY
HIS FATHER AND NATURAL GUARDIAN
MALLIKARJUN S. UGARGOD, AGE: 34 YEARS,
OCC: AGRICULTURIST, R/O:AT POST MANGENAKOPPA,
KHANAPUR TALUK, DIST: BELAGAVI-591 106.
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WP No. 147477 of 2020
6. PREETI JODALLI D/O. NAGENDRA S. JODALLI,
AGE: 11 YEARS, MINOR REPRESENTED BY
HER FATHER AND NATURAL GUARDIAN
NAGENDRA S. JODALLI, AGE: 46 YEARS,
OCC: AGRICULTURIST, R/O: MUGALI,
POST MADANABHAVI, TQ & DIST: DHARWAD-581 105.
7. SHREYA S. TIGADI D/O. SHRISHAIL TIGADI,
AGE: 11 YEARS, MINOR REPRESENTED BY
HER FATHER AND NATURAL GUARDIAN
SHRISHAIL TIGADI, AGE: 45 YEARS,
OCC: AGRICULTURIST, R/O: KALAMANAHATTI,
KITTUR TALUK, DIST: BELAGAVI-591 153.
8. NANDISH SANKANAVVAR S/O MADIWALLAPPA R.
SANKANAVVAR, AGE: 11 YEARS,
MINOR REPRESENTED BY HER FATHER
AND NATURAL GUARDIAN
MADIWALLAPPA SANKANAVVAR
AGE: 40 YEARS, R/O: PUDAKALKATTI,
TQ AND DIST: DHARWAD.
9. SHRINIDHI BANNADANOOLIMATH,
D/O. N.M. BANNADANOOLIMATH,
AGE: 11 YEARS, MINOR REPRESENTED BY
HER MOTHER AND NATURAL GUARDIAN
GIRIJA HIREMATH, AGE: 36 YEARS,
OCC: AGRICULTURIST, R/O: SHISHUVINAHALLI,
ANNIGERI TALUK, DIST: DHARWAD.
10. VASUDEV VIVEKANAND KITTUR,
AGE: 11 YEARS, MINOR REPRESENTED BY
HER MOTHER AND NATURAL GUARDIAN HIS FATHER
SRI.VIVEKANAND V. KITTUR, AGE: 43 YEARS,
OCC: AGRICULTURIST, R/O: AT POST: AMMINABHAVI,
TQ: DHARWAD, DIST: DHARWAD-581 201.
- PETITIONERS
(BY SRI. J S SHETTY, ADVOCATE)
AND:
1. THE NAVODAYA VIDYALAYA SAMITHI
(AN AUTONOMOUS ORGANIZATION
UNDER MINISTRY OF HRD),
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY, GOVERNMENT OF INDIA,
B-15 INSTITUTINAL AREA, SECTOR 62,
NOIDA (UTTAR PRADESH)-201 309,
BY DEPUTY COMMISSIONER (EXAM)
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WP No. 147477 of 2020
2. ASSISTANT COMMISSIONER (JNVST),
NOVODAYA VIDYALAYA SAMITI,
AN AUTONOMOUS ORGANISATION
UNDER THE MINISTRY OF HRD,
B-15 INSTITUTINAL AREA, SECTOR 62,
NOIDA (UTTAR PRADESH)-201 309.
3. THE PRINCIPAL,
JAWAHAR NAVODAYA VIDYALAYA DHARWAD,
KYARAKOPPA ROAD, DHARWAD-580 007.
4. ASSISTANT COMMISSIONER (ACAD),
NOVODAYA VIDYALAYA SAMITI,
AN AUTONOMOUS ORGANISATION
UNDER THE MINISTRY OF HRD,
HYDERABAD REGION, NALAGANDLA ROAD,
GOPANAPALLY, RANGAREDDY (DISTRICT)
HYDERABAD-500 046, TELANGANA STATE.
5. THE DEPUTY COMMISSIONER,
DHARWAD, DIST: DHARWAD-580 001.
RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1 TO R4,
SRI SHIVAPRABHU S. HIREMATH, AGA FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE NOTICE NO.1.11/2018/NVS(EXAM)/DATED
31.3.2020 ISSUED BY THE 1ST RESPONDENT, THE COPY OF WHICH HAS
BEEN PRODUCED HEREWITH AT ANNEXURE-A, THE COMMUNICATION
NO.1-8/2019/NVS (PARIKSHA) 3105 DATED 25.6.2020, ISSUED BY THE 2ND
RESPONDENT THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH
AT ANNEXURE B AND ALO THE REMINDER LETTER
NO.5.1.JNVDWD/2020-21, DATED 31.7.2020, ISSUED BY THE 3RD
RESPONDENT THE COPY OF WHICH HS BEEN PRODUCED HEREWITH
AND MARKED AS ANNEXURE C IN SO FAR AS THE PETITIONER ARE
CONCERNED & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 147477 of 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.1-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.3-The Principal of
Jawahar Navodaya Vidhyalaya, Dharwad.
2. The grievance of the petitioners is that although
the respondent No.1 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
WP No. 147477 of 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.28-25/2021 which were later numbered as
Civil Appeal Nos.1472-1479/2022 and the Hon'ble Apex
Court, by order dated 18.02.2022 allowed the Civil
Appeals filed at the hands of the Commissioner, Navodaya
WP No. 147477 of 2020
Vidhya Samiti and while setting aside the judgment and
order passed by the High Court of Orissa, held that the
High court did not deal with or take into consideration the
efficacy of the Central Educational Institutions
(Reservation in Admission) Act, 2006, (hereinafter referred
to as 'Act, 2006') while testing the legality of the circular/
notification dated 31.03.2020 issued by the Navodaya
Vidhya Samiti. Therefore, the matters were remanded with
a direction to the High Court to consider the matter afresh
having regard to the provisions contained in the Act, 2006
and decide the validity of the circular/ notification dated
31.03.2020. However, it was also made clear by the
Hon'ble Apex Court that the admissions already given to
the students shall not be affected because of the setting
aside of the impugned judgment and order and they may
be permitted to continue their studies uninterrupted.
4. Following the said decisions in respect of the
judgments of the Hon'ble High Court of Orissa, similar
orders were issued in Civil Appeal No.1465 of 2022 arising
WP No. 147477 of 2020
out of two decisions of this Court in WP No.8990/2020 and
W.P.No.10348/2020, dated 04.08.2020 and 11.11.2020
respectively.
5. Learned Central Government Counsel has taken
this Court through the provisions contained in The Central
Educational Institutions (Reservation in Admission) Act,
2006 which were notified on 03.01.2007. Learned Central
Government Counsel submits that the Central Act was
enacted to provide for reservation in admission of the
students belonging to the Scheduled Castes, Scheduled
Tribes and Other Backward Classes of citizens, to certain
Central Educational Institutions established, maintained or
aided by the Central Government and the matters
connected therewith and incidental thereto. It is submitted
that Clause (v) of Sec. 2(d) defines "Central Educational
Institution" to include an educational institution set up by
the Central Government under the Societies Registration
Act, 1860. Even as per Clause (iv) of Sec. 2(d), a Central
Educational Institution would include an institution
WP No. 147477 of 2020
maintained by or receiving the aid by the Central
Government, directly or indirectly, and affiliated to an
institution referred to in Clauses (i), (ii) and (iii) of Section
2(d). Learned Central Government counsel submits that it
cannot be disputed that the Javahar Navodaya Samiti
Schools are established and maintained by the Navodaya
Vidhya Samiti, which is an autonomous educational
organization formed by the Ministry of Human Resources
Development of Government of India. These schools are
funded by the Central Government and the Navodaya
Vidhya Samiti itself is found, managed and controlled by
the Central Government. Therefore, it is submitted that
the provisions contained in the Act, 2006 is fully applicable
to the Javahar Navodaya Vidyalaya Samiti Schools,
including the respondent institutions.
6. That being the position, it is submitted that the
policy of reservation provided for in the Act, 2006 are fully
applicable to the respondent-institution. However, it is
only by virtue of the circular or notification dated
WP No. 147477 of 2020
30.03.2020 and the subsequent notice dated 31.03.2020
that the authorities insisted upon the students to furnish
the OBC Caste Certificates. Learned Central Government
Counsel submits that having regard to these aspects and
the non consideration of the provisions in the Act, 2006,
the Hon'ble Supreme Court has remanded the matter back
to this Court to consider this Writ Petition having regard to
the provisions contained in the Act, 2006, and the efficacy
of the impugned notice dated 31.03.2020. Nevertheless,
it is submitted that there cannot be any argument against
the implementation of the provisions contained in the Act,
2006 and more so, since provisions contained in the Act
are not called in question by the petitioners.
7. Learned counsel for the petitioners do not
dispute the fact that even the petitioners did not notice
the provisions contained in the Act, 2006, which provides
for reservation to the students belonging to the SC/ ST
and OBC category. Nevertheless, learned counsel for the
petitioners would submit that it would be difficult for the
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WP No. 147477 of 2020
students to secure a certificate under the OBC Central List,
since the category of castes included in the State List is
different from that of the category of castes contained in
the Central List.
8. Having heard the learned counsel for the
petitioners, the learned Central Government Counsel,
learned AGA for the respondent-State and on perusing the
petition papers, including the orders passed by the Hon'ble
Supreme Court, this Court finds that there is no challenge
raised to the provisions contained in the Act, 2006.
However, it is surprising that although the statute was
notified on 03.02.2007, the mandate for providing
reservation, more particularly to the OBC category was not
followed by the respondent Institution till it received the
notice dated 31.03.2020. It is for this very reason that
the Hon'ble Supreme Court directed that the admissions
given to the petitioners/ students on the basis of the
interim directions given by this Court stand protected. It
was noticed that the authorities did not prescribe the
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WP No. 147477 of 2020
requirement of providing reservation to the OBC category
students and that they should furnish the OBC caste
certificate issued by the authorities under the Central List,
in the prospectus that was issued to the students prior to
30.03.2020. There being no such requirement provided
for in the prospectus, the authorities could not have
insisted upon production of OBC caste certificates. It is
therefore that the admission of all such students stand
protected as per the direction of the Hon'ble Supreme
Court while remanding the matter for fresh consideration
having regard to the provisions contained in the Act, 2016
and in the light of the same, to consider efficacy of the
circular/ notification dated 30.03.2020. This Court has
heard the learned counsel for the petitioners and the
learned Central Government counsel in this regard.
9. Having heard the learned counsel and on
perusing the provisions contained in the Act, 2016, it is
clear that there is a specific provision made for providing
reservation in terms of Sec. 3 to an extent of 15% for the
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WP No. 147477 of 2020
scheduled castes, 7½ % for scheduled tribes and 27% for
the other backward classes. In the definition clause
contained in Sec. 2(g), "other backward classes" have
been defined as to mean the class or classes of citizens
who are socially and educationally backward and are so
determined by the Central Government. This would mean
that the respondent authorities are right in insisting that
the students who seek admission to the Javahar Navodaya
Vidyalaya Schools are required to produce the caste
certificate of OBC, as determined by the Central
Government.
10. During the course of these arguments, it was
brought to the notice of this Court that in respect of the
admissions for the subsequent years of 2021-22, the
respondent authorities have made sure that the
requirement for providing reservation and production of
caste certificates have been informed to the students in
the prospectus and therefore the respondent authorities
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did not have any difficulty while making admissions in the
subsequent years, namely, 2021 and 2022.
11. Consequently, this Court proceeds to hold that
the respondent authorities are empowered to insist upon
the implementation of the provisions contained in the Act,
2006, for providing reservation to the SCs / STs and OBCs
and that the certificate of OBC shall be in terms as
determined by the Central Government. All students who
seek admission to the Javahar Navodaya Vidyalaya schools
are required to comply with the statutory provisions
contained in the Act, 2006 and the circulars/ notifications
issued by the Central Government and or the Navodaya
Vidyalaya Samithi in pursuance of the provisions contained
in the Act, 2006. Ordered accordingly.
12. Needless to observe, at the cost of repetition,
that the admission of the petitioners-students herein to
Class-VI in the respondent institution stand protected and
they shall continue consequent to their admission to the
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respondent school, uninterruptedly, in terms of the
directions given by the Hon'ble Supreme Court of India.
Ordered accordingly.
Pending I.As., if any, stand disposed of.
SD
JUDGE
PJ/BVV
