Manipur High Court
Moirangthem Abungthoi Singh vs The State Of Manipur Represented ... on 9 August, 2022
IN THE HIGH COURT OF MANIPUR
LHAINEI Digitally signed
by AT IMPHAL
CHONG LHAINEICHONG
HAOKIP
HAOKIP Date: 2022.08.09
17:17:07 +05'30' W.P.(C) No. 917 of 2021
1. Moirangthem Abungthoi Singh, aged about 37 years, f/o M.
Anamika of Keibi Awang Leikai, P.S. Sagolmang, Imphal East
District, Manipur;
2. Elangbam Naocha Singh, aged about 40 years, f/o E. Surdash
of Uyumpok Mamang Leikai, P.S. Sagolmang, Imphal East
District, Manipur;
3. Thounaojam Bimol Singh, aged about 42 years, f/o Th.
Ningthoungamba of Moirangpurel Khunou Leikai, P.S. Lamlai,
Imphal East District, Manipur;
4. Moirangthem Sunil Singh, aged about 39 years, f/o M. Regon of
Moirangpurel Phuramakhong, P.S. Lamlai, Imphal East District,
Manipur;
5. Konsam Meghachandra Meitei, aged about 39 years, f/o K.
Mangal of Moirangpurel Awang Leikai, P.S. Lamlai, Imphal East
District, Manipur;
6. Longjam Tomba Meitei, aged about 41 years, f/o
(i) L. Linthoinganbi and
(ii) Longjam Lanchenba of TakhelKhunou, P.S. Lamlai,
Imphal East District, Manipur;
7. Puyam Sanalembi, aged about 48 years, m/o P. Christina of
Khuraichingangbam Leikai, P.S. Porompat, Imphal East District,
Manipur;
8. Moirangthem Ingobi Singh, aged about 42 years, f/o M.
Anderson of Leimakhong Mapal Mayai Leikai, P.S. Lamlai,
Imphal East District, Manipur;
9. Maibam Komlakanta Singh, aged about 35 years, f/o M. Denish
of Langol Leima Khullen, P.S. Lamphel, Imphal West District,
Manipur;
10. Ngangbam Pobitro, aged about 45 years, f/o Ng. Kalpana of
Khurai Thoidingjam Leikai, P.S. Porompat, Imphal East District,
Manipur;
11. Yumnam Dhaneshwori, aged about 46 years, m/o Y. Devidson
of Khurai Puthiba Leikai, P.S. Porompat, Imphal East District,
Manipur.
... Petitioners
WP(C) No. 917 of 2021 & Anr. Page 1
-Versus -
1. The State of Manipur represented by the
Commissioner/Secretary, Department of Education (S),
Government of Manipur, Secretariat Sought Block, Babupara,
Imphal PIN- 795001;
2. The Director of Education (S), Government of Manipur,
Lamphelpat, Imphal West Dist. PIN-795004;
3. The Zonal Education Officer (Z.E.O) Tuinom, Churachandpur,
Government of Manipur, PIN-795128;
4. The Principal, Jawahar Navodaya Vidyalaya in short JNV,
Tuinom, Churachandpur District-795128, Manipur.
5. The Deputy Commissioner, Navodaya Vidyalaya Samiti,
Regional Office, Shillong - 793001.
........RESPONDENT/S
With
W.P.(C) No. 429 of 2022
1. Moirangthem Abungthoi Singh, aged about 38 years, f/o M.
Anamika of Keibi Awang Leikai, P.S. Sagolmang, Imphal East
District, Manipur;
2. Elangbam Naocha Singh, aged about 41 years, F/o E. Surdash
of Uyumpok Mamang Leikai, P.S. Sagolmang, Imphal East
District, Manipur;
3. Thounaojam Bimol Singh, aged about 43 years, F/o Th.
Ningthoungamba of Moirangpurel Khunou Leikai, P.S. Lamlai,
Imphal East District, Manipur;
4. Moirangthem Sunil Singh, aged about 40 years, F/o M. Regon
of Moirangpurel Phuramakhong, P.S. Lamlai, Imphal East
District, Manipur;
5. Konsam Meghachandra Meitei, aged about 40 years, F/o K.
Mangal of Moirangpurel Awang Leikai, P.S. Lamlai, Imphal East
District, Manipur;
6. Longjam Tomba Meitei, aged about 42 years, F/o
(iii) L. Linthoinganbi and
(iv) Longjam Lanchenba of Takhel Khunou, P.S. Lamlai,
Imphal East District, Manipur;
7. Puyam Sanalembi, aged about 49 years, M/o P. Christina of
Khuraichingangbam Leikai, P.S. Porompat, Imphal East District,
Manipur;
WP(C) No. 917 of 2021 & Anr. Page 2
8. MoirangthemIngobi Singh, aged about 43 years, F/o M.
Anderson of Leimakhong Mapal Mayai Leikai, P.S. Lamlai,
Imphal East District, Manipur;
9. Maibam Komlakanta Singh, aged about 36 years, F/o M.
Denish of Langol LeimaKhullen, P.S. Lamphel, Imphal West
District, Manipur;
10. Ngangbam Pobitro, aged about 46 years, F/o Ng. Kalpana of
Khurai Thoidingjam Leikai, P.S. Porompat, Imphal East District,
Manipur;
11. Yumnam Dhaneshwori, aged about 47 years, M/o Y. Devidson
of Khurai Puthiba Leikai, P.S. Porompat, Imphal East District,
Manipur.
... Petitioners
-Versus -
The Principal, Jawahar Navodaya Vidyalaya in short JNV,
Tuinom, Churachandpur District, Manipur-795128.
........RESPONDENT
B E F O R E
HON'BLEMR. JUSTICE AHANTHEMBIMOL SINGH
For the Petitioners : Mr. S. Biswajit, Adv.
For the respondents : Mr. A. Vashum, G.A. &
Mr. S. Samarjeet, Sr. P.C.
Date of Hearing : 28.07.2022
Date of Judgment &Order : 09.08.2022
Judgment & Order
[1] Heard Mr. S. Biswajit, learned counsel appearing for the petitioners,
Mr. A. Vashum, learned Government Advocate appearing for the
respondents No. 1, 2 & 3 and Mr. S. Samarjeet, learned senior panel
counsel appearing for the respondents No. 4 & 5.
The present two writ petitions were heard jointly and the same
are being disposed of by this common judgment and order as the facts
and issues involved in the said two writ petitions are the same.
WP(C) No. 917 of 2021 & Anr. Page 3
[2] The issue involved in the present two writ petitions pertains to denial
of admission of 12 children to class-VI in the Jawaharlal Navodaya
Vidyalaya, Tuinom, Churachandpur District, Manipur.
[3] The brief facts of the present cases is that in accordance with the
National Policy of Education, Government of India started Jawaharlal
Novadaya Vidyalayas (JNVs) Residential Schools fully financed and
administered by Government of India through an autonomous
organization, viz., Novadaya Vidyalayas Samiti. Admissions in JNVsare
made through the Jawaharlal Novadaya Vidyalayas selection test to class-
VI. The process for submission of application for JNV selection test is
through online mode and verification of proof of residence, age, eligibility,
etc., are to be done for selected candidates after the declaration of results.
The eligibility conditions as provided under the prospectus of the school is
that a candidate appearing for the selection test must have studied in
class-V for the whole of the academic sessions in a
Government/Government Aided or other recognised schools in the same
district where the candidate is seeking admission. It is further provided
under the prospectus of the school that a candidate seeking admission
under the rural quota must have studied in class-III, IV and V completing
full academic sessions from the Government/Government
Aided/Government recognised schools located in rural areas, however, the
candidate should study full academic sessions in class-V from the same
district where admission is sought.
WP(C) No. 917 of 2021 & Anr. Page 4
[4] The JNV selection test for admission to class-VI in JNVs for the
academic session 2021-2022 was scheduled to be held on 10.04.2021
and the last date for submission of application through online was
15.12.2020. The petitioners submitted application forms on behalf of their
wards (12 in numbers) seeking admissions in the JNV located in
Churachandpur District against the rural quota. After holding the selection
test, the Principal of the JNV, Tuinom, Churachandpur District, notified the
select list dated 24.09.2021 in respect of JNV, Churachandpur and all the
wards of the petitioners were found successful and included in the said
select list.
[5] After notification of the list of selected candidates, the petitioners
submitted all the relevant and necessary documents of their wards to the
Principal, JNV, Tuinom, Churachandpur District, for the purpose of
verification, however, the names of the petitioners' wards were kept in the
list of candidates waiting for further verifications.
[6] When the admissions of the petitioners' wards were not allowed
even after the classes started and even after the mid-term/term-1
examination 2021 was held on 17.11.2021, the petitioners approached this
Court by filing WP(C) No. 917 of 2021 with the prayer for directing the
respondents to allow the admission of the petitioners' wards and to allow
them to join the online classes in class-VI at JNV, Tuinom,
Churachandpur.
WP(C) No. 917 of 2021 & Anr. Page 5
On 02.02.2022, this Court passed an interim order in WP(C)
No. 917 of 2021 directing the petitioners to appear before the Principal,
JNV, Tuinom, Churachandpur on or before 05.02.2022 in connection with
the verification process of their wards. This Court further directed the
Principal, JNV, Churachandpur to take into consideration that the
petitioners are illiterate persons and that the mistakes with regard to the
childrens' status of class-III and IV was committed by the owner of the
Cyber Cafe while registering the names of the children for the selection
test and to take a lenient view when the petitioners approached him. The
Principal, JNV, Churachandpur was also directed to pass an appropriate
order within a period of two weeks.
[7] In purported compliance with the aforesaid order of this Court, the
Principal JNV, Churachandpur, wrote a letter dated 15.02.2022 informing
the petitioners that the candidature and selection of the 12 children were
cancelled. The reason for such cancellation is that while submitting the
application forms of the children through online, false informations were
given to the effect that all the children studied class-III and IV in Gracy
Christian English School, Loktak Project, whereas in fact the children
studied class-III and IV in other schools. Having been aggrieved, the
petitioners approached this Court again by filing WP(C) No. 429 of 2022
challenging the said cancellation letters dated 15.02.2022 and praying for
quashing and setting aside the impugned letters.
WP(C) No. 917 of 2021 & Anr. Page 6
[8] Mr. S. Biswajit, learned counsel appearing for the petitioners
contended that all the 12 children studied class-III and IV in
Government/Government Aided/Government recognised schools located
in rural areas and they studied class-V for the full academic year in Gracy
Christian English High School located at Churachandpur District. It has
also been contended that all the 12 children were successful in the
selection test and accordingly, they are all eligible and qualified in every
respect for admission in class-VI in the JNV, Tuinom, Churachandpur. Mr.
S. Biswajit further contended that the petitioners are all illiterate persons
who does not own even a computer and therefore, they have taken the
help of a Cyber Cafe at Churachandpur at the time of filling up and
submission of the admission forms of their wards through online and that
at the time of filling up the admission forms, the computer operator,
through mistakes, had wrongly given the information that the children
studied class III, IV and V in Gracy Christian English High School instead
of giving the name of the schools where the children studying class III and
IV. It has been contended by Mr. S. Biswajit that the wrong information
with regard to the status of the children in class III and IV were given
purely through mistake and not deliberately and that the small innocent
children should not be made to suffer by denying admissions for the
mistake committed by their parents/guardians or by the computer operator.
It has been submitted by Mr. S. Biswajit that all the 12 children are
presently not studying in any school and they have lost one academic year
WP(C) No. 917 of 2021 & Anr. Page 7
and that if the authorities allowed the admission of these children in class-
VI at JNV, Churachandpur for the academic year 2022-2023, the
petitioners are all willing and ready to admit their wards even at the cost of
losing one academic year.
The learned counsel accordingly submitted that the present
writ petitions should be allowed by directing the respondents to allow the
admission of the 12 children in class-VI at JNVs, Churachandpur for the
academic year 2022-2023.
[9] Mr. S. Samarjeet, learned senior panel counsel appearing for the
respondents No. 4 & 5 submitted that immediately after the selection list
was published by CBSE on 24.09.2021, JNV, Tuinom, Churachandpur
received a letter dated 28.09.2021 from the Deputy Commissioner, JNV
Shillong about the declaration of the result and instructing to initiate the
process of admission for the provisionally selected candidates which
should be completed by 15.10.2021. Thereafter, the Principal, JNV
Churachandpur informed the parents/guardians of the selected candidates
to submit necessary documents for verification on 16.10.2021 under a
letter dated 13.10.2021. During the verification process of the 12 wards of
the petitioners, it was found out that there were discrepancies with regard
to the name of the schools in which the children studied class-III and IV as
mentioned in the admission form and the documents submitted by the
petitioners. On coming to know about such discrepancies, the Principal
JNV, Churachandpur wrote a letter dated 06.12.2021 to the Principal
WP(C) No. 917 of 2021 & Anr. Page 8
Gracy Christian English High School requesting the latter to verify as to
whether the said children studied class III and IV at Gracy Christian
English High School. In response to the said letter, the Principal of Gracy
Christian English High School wrote a letter dated 16.12.2021 informing
that the 12 wards of the petitioners did not study class III and IV in the said
school and that they have studied only class V in 2020 and that they have
taken transfer certificate on 20.04.2021. On receiving such report, the
Principal JNV, Churachandpur issued a corrigendum dated 13.12.2021
informing the parents/guardians of the candidates including the present 12
children that the candidates mentioned in the said corrigendum were found
to have given false information at the time of registration and requesting
the parents/guardians to get clarification from the schools on or before
17.12.2021. It has been submitted by Mr. S. Samarjeet that the petitioners
never approached the authorities for clarification, instead they approached
this Court by filing the present writ petitions.
[10] Mr. S. Samarjeet also contended that as per clause 3.1 of the
prospectus of JNVs, selection in the test will not accrue any right on the
candidate to secure admission into the JNV and that at the time of seeking
actual admission, each selected candidate will have to produce all relevant
certificates as prescribed by the Navodaya Vidyalaya Samiti, until
admission, the selection is provisional only. It has been contended that as
per clause 3.2 of the prospectus, in case of any dispute, the decision of
Navodaya Vidyalaya Samiti shall be final and binding on the candidates.
WP(C) No. 917 of 2021 & Anr. Page 9
Mr. S. Samarjeet draw the attention of this Court to the
application form submitted by the petitioners on behalf of their wards
through online and the relevant entries in the said forms are as under:-
"
Particulars Class-III Class-IV Class-V
Name of School (studied - III & IV Gracy Christian English H/S Project
and studying V) and village/place Loktak
School Location Rural/Urban Rural Rural Rural
Month and Year of Joining March, 2018 March, 2019 March, 2020
Month & Year of Passing Feb, 2019 Feb, 2020 Reading
Name of Block Henglep Henglep Henglep
Name of the District Churachandpur Churachandpur Churachandpur
Name of the State Manipur Manipur Manipur
"
[11] It has also been pointed out by Mr. S. Samarjeet that in the
application form, the parents and candidates agreed and gave an
undertaking that if any of the information provided is found to be wrong,
the candidature will be forfeited at any stage even after admission in JNV
and that no change in the aforesaid data shall be requested in future and
that in case of mismatched in the offline and online data, the data
submitted through online mode shall be treated as final.
It has been strenuously contended by Mr. S. Samarjeet that
as the information given in the admission form submitted through online
about the children studying class-III and IV at Gracy Christian English High
School are found to be false and contradictory with the documents
submitted by the petitioners, it is evident that false information were given
by the petitioners at the time of registration and submission of forms and
giving of such false information cannot be taken as a mere mistake of the
operator of the Cyber Cafe or due to illiteracy on the part of the
WP(C) No. 917 of 2021 & Anr. Page 10
parents/guardians. In view of the above, the authorities have no option but
to cancel the selection of the 12 children. The learned counsel cited the
judgment dated 11.05.2022 rendered by the Hon'ble Apex Court in the
case of "State of Rajasthan and Others Vs. Chetan Jeff" and relied on
para 6.5 of the said judgment which reads as under:-
"6.5 In State of A.P. v. B. Chinnam Naidu,
(2005) 2 SCC 746, this Court has observed that the object
of requiring information in the attestation form and the
declaration thereafter by the candidate is to ascertain and
verify the character and antecedents to judge his suitability
to enter into or continue in service. It is further observed
that when a candidate suppresses material information
and/or gives false information, he cannot claim any right for
appointment or continuance in service."
[12] Mr. S. Samarjeet also informed this Court that the admission of
class-VI in JNVs for the academic session 2022-23 had been completed
on 31.07.2022 and there is no possibility of giving admission to the wards
of the petitioners and accordingly, the learned counsel submitted that the
present writ petitions are without any merit and are liable to be dismissed.
[13] After hearing at length the rival submission of the learned counsel
appearing for the parties and on careful examination of the record of the
present cases, this Court is of the considered view that there is no dispute
with regard to the fact that the wards of the petitioners studied class-III and
IV in Government/Government Aided/Government recognised schools
located in rural areas and that they studied class-V in Gracy Christian
English High School located at Churachandpur District. The children were
also declared successful in the selection test and accordingly, they are all
eligible and qualified for admission in JNV, Churachandpur in terms of the
WP(C) No. 917 of 2021 & Anr. Page 11
eligibility conditions prescribed in the prospectus of JNVs. It is also an
undisputed fact that the candidature and selection of the 12 children have
been cancelled only on the ground that their parents/guardians have given
false information with regard to the names of the schools where they
studied class-III and IV at the time of their registration and submission of
application forms through online mode. According to the petitioners, the
wrong information were given through mistakes committed by the operator
of the Cyber Cafe and due to their illiteracy and lack of knowledge and that
they have not deliberately given the wrong information with the intention of
achieving any undeserved benefits.
On the other hand, according to the respondents No. 4 & 5,
as the petitioners gave false information at the time of registration and
submission of application forms of the children through online mode, the
candidature and selection of the children have to be cancelled in terms of
the conditions laid down in the prospectus of JNV and the undertaking
given by the petitioners in the application forms.
[14] The important question that arose for consideration in the present
cases is whether respondents No. 4 & 5 were justified in cancelling the
candidature and selection of the 12 children thereby denying their
admission in class-VI in the JNV Churachandpur. It is an admitted fact that
at the time of registration and submission of forms, the petitioners gave
false information with regard to the name of the schools where the children
studied class-III and IV. The important question to be considered is
WP(C) No. 917 of 2021 & Anr. Page 12
whether those false information were given purely through mistakes as
submitted by the petitioners or whether the said false information have
been given deliberately with the intention of getting undeserved benefits in
connection with the admission of the said children. In my considered
opinion, furnishing such information was immaterial for considering the
eligibility of the children, inasmuch as, even if the true and correct
information were given, the wards of the petitioners will be still eligible and
qualified in terms of the conditions of eligibility laid down in the prospectus
of the JNVs. No doubt that verification of character and antecedents is one
of the important criteria to assess suitability and it is open to the authorities
to adjudge antecedents of the candidates in terms of the laid down
procedure, but the ultimate action should be based upon objective criteria
on due consideration of all relevant aspects. Though the petitioners who
gave wrong information cannot claim unfattered right for admission of their
wards in JNV Churachandpur, however, they have a right not to be dealt
with arbitrarily and that exercise of power has to be in a reasonable
manner with objectivity having due regard to the facts of the cases. On
careful consideration of the peculiar facts and circumstances of the
present cases, this Court is of the considered view that the false
information were not deliberately given to get any undeserved benefits,
rather those false information were given either by the petitioners or by the
operator of the Cyber Cafe purely through mistake or oversight at the time
of registration and submission of forms through online. In view of the
WP(C) No. 917 of 2021 & Anr. Page 13
above, this Court is of the considered view that it will be too harsh to let
the young and innocent children suffer by denying admission for studying
class-VI in JNV, Churachandpur for the mistakes committed either by their
parents/guardians or the operator of the Cyber Cafe.
[15] We cannot also lose sight of the Constitutional provisions
guaranteed under Article 21 A of the Constitution of India for providing free
and compulsory education to all children of the age of 6 to 14 years. If the
young and innocent children, who are below the age of 14 years, are
denied admission for their further studies in class-VI at JNV,
Churachandpur by sustaining the cancellation of their candidature and
selection, it will not only amount to denial of their fundamental rights
guaranteed under Article 21 A of the Constitution of India but such action
will be antithesis to the Constitutional goal.
[16] The judgment of the Hon'ble Apex Court in the case of "Chetan
Jeff" (supra) relied on by the counsel for the respondents No. 4 & 5 had
been rendered in the context of the facts of the case as stated at para 6.1
of the judgment, which are as under:-
"6.1 At the outset, it is required to be noted that
the post on which the writ petitioner is seeking the
appointment is the post of constable. It cannot be disputed
that the duty of the constable is to maintain law and order.
Therefore, it is expected that he should be honest,
trustworthy and that his integrity is above board and that
he is reliable. An employee in the uniformed service
presupposed a higher level of integrity as such a person is
expected to uphold the law and on the contrary any act in
deceit and subterfuge cannot be tolerated. In the present
case the original writ petitioners has not confirmed to the
above expectations/ requirements. He suppressed the
material facts of his criminal antecedents. He did not
disclose in the application form that against him a criminal
WP(C) No. 917 of 2021 & Anr. Page 14
case/FIR is pending. On the contrary, in the application
form, he made a false statement that he is not facing any
criminal case. Therefore, due to the aforesaid suppression,
his candidature came to be rejected by the appropriate
authority."
[17] In the aforesaid judgment, the Hon'ble Apex Court was of the view
that if the correct facts would have been disclosed, the employer might not
have appointed the original petitioner and accordingly, the Apex Court
sustain the rejection of the candidature of the said original writ petitioner.
The situation in the present cases is the opposite. If the present petitioners
gave the correct informations with regard to the names of the schools
where the children studied class-III and IV, there will be no difficulty or
impediment in the admission of their wards. In my humble opinion, the
judgment of the Hon'ble Apex Court relied on by the counsel for the
respondents No. 4 & 5 are not at all applicable in the facts and
circumstances of the present cases.
[18] In view of the facts and circumstances of the present cases and for
the reasons given hereinabove, this Court is of the considered view that it
will be in the interest of justice to allow the admission of the wards of the
petitioners in class-VI at JNV, Churachandpur for the academic session
2022-2023. Accordingly, the respondents No. 4 & 5 are directed to allow
the admission of the wards of the petitioners in class-VI at JNV,
Churachandpur for the academic session 2022-2023 as early as possible
preferably within a period of two weeks from the date of receipt of a copy
of this order.
WP(C) No. 917 of 2021 & Anr. Page 15
Even though it has been submitted before this Court that the
admission of class-VI in the JNVs had been over on 31.07.2022, it will not
be an impediment in allowing the admission of the wards of the children in
view of the provisions of Section 15 of the Rights of Children to Free and
Compulsory Education Act, 2009 wherein it is provided that no child shall
be denied admission if such admission is sought subsequent to the
extended period.
With the aforesaid directions, the present writ petition is
disposed of. Keeping in view the facts and circumstances of the present
cases, there will be no order as to costs.
JUDGE
FR/NFR
Lhaineichong
WP(C) No. 917 of 2021 & Anr. Page 16
