Full Judgment Text
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9310 OF 2022
WITH
INTERIM APPLICATION (ST) NO.20849 OF 2022
IN
WRIT PETITION NO. 9310 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9310 OF 2022
WITH
INTERIM APPLICATION (ST) NO.20849 OF 2022
IN
WRIT PETITION NO. 9310 OF 2022
| 1 | Ku. Shubham Vijay Patil<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Vijay Babaso Patil,<br>Age – 40 yrs., Occupation – Service,<br>r/o. A/p. Sainik Takali, Tq. Shirol,<br>Dist. Kolhapur | |
|---|---|---|
| 2 | Ku. Piyush Dipak Sangar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Dipak Balu Sangar,<br>Age – 40 yrs., Occupation – Service,<br>R/o. A/p. Valivade, Tq. Karveer,<br>Dist. Kolhapur | |
| 3 | Ku. Arnav Uday Mohite,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Uday Rajaram Mohite<br>Age – 45 yrs., Occupation – Service,<br>R/o. A/p.Talasande, Tq. Hatkanangale,<br>Dist. Kolhapur | |
| 4 | Ku. Buddham Babaso Dhammadhikari,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Babaso Gundu Dhammadhikari,<br>Age – 47 yrs., Occupation – Service,<br>r/o. A/p. Hedavade, Tq. Bhudargad,<br>Dist. Kolhapur |
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| 5 | Ku. Prajaval Dhanaji Bamanekar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Dhanaji Madhukar Bamanekar,<br>Age – 38 yrs., Occupation – Agri,<br>R/o. At Bele, Post Kurukali,<br>Tq. Karveer, Dist. Kolhapur | |
| 6 | Ku. Rajnandini Jayvant Kamble,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Jayvant Maruti Kamble,<br>Age – 53 yrs., Occupation – Agri,<br>r/o. A/p. Donawade, Tq. Karveer,<br>Dist. Kolhapur | |
| 7 | Ku. Sambhajiraje Jitendra Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Jitendra Sadashiv Patil,<br>Age – 42 yrs., Occupation – Service,<br>r/o. A/p. Malapude, Tq. Shahuwadi,<br>Dist. Kolhapur | |
| 8 | Ku. Rajvardhan Shamrao Raut,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Shamrao Dattatray Raut,<br>Age – 38 yrs., Occupation – Agri,<br>R/o. A/p. Talashi, Tq. Radhanagari,<br>Dist. Kolhapur | |
| 9 | Ku. Vishwajit Yuvraj Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Yuvraj Sadashiv Patil,<br>Age – 43 yrs., Occupation – Service,<br>r/o. A/p. Sule, Tq. Panhala,<br>Dist. Kolhapur |
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| 10 | Ku. Tanvi Dipak Bhise,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Dipak Ananda Bhise,<br>Age – 41 yrs., Occupation – Service,<br>r/o. A/p. Bhendawade, Tq. Hatkanangale,<br>Dist. Kolhapur | |
|---|---|---|
| 11 | Ku. Ishwari Ajay Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Ajay Annaso Patil,<br>Age – 42 yrs., Occupation – Agri,<br>r/o. A/p. Nej, Tq. Hatkanangale,<br>Dist. Kolhapur | |
| 12 | Ku. Devendra Sanjay Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Sanjay Tatyaso Patil,<br>Age – 48 yrs., Occupation – Agri,<br>r/o. A/p. Sainik Takali, Tq. Shirol,<br>Dist. Kolhapur | |
| 13 | Ku. Parth Chandrakant Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Chandrakant Dnyanu Patil,<br>Age – 43 yrs., Occupation – Service,<br>r/o. A/p. Durgmanwad, Tq. Radhanagri,<br>Dist. Kolhapur | |
| 14 | Ku. Yash Shashikant Dongale,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Shashikant Sadashiv Dongale<br>Age – 42 yrs., Occupation – Agri,<br>r/o. A/p. Malwadi-Shendur, Tq. Kagal,<br>Dist. Kolhapur | |
| 15 | Ku. Shivanjali Krishna Shinde,<br>Age – 12 years, Occupation – Student, |
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| Since minor through her natural guardian<br>father - Shri Krishna Ganapati Shinde,<br>Age – 46 yrs., Occupation – Service,<br>r/o. A/p. Shimpe, Tq. Shahuwadi,<br>Dist. Kolhapur | ….. Petitioners | |
|---|---|---|
| 16 | Ku. Vaidehi Nilesh Kamble,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Nilesh Madhukar Kamble,<br>Age – 38 yrs., Occupation – Agri,<br>r/o. A/p. Pimpale Tarf Thane, Post. Wagave,<br>Tq. Panhala, Dist. Kolhapur | |
| 17 | Ku. Vedika Kiran Lokare,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Kiran Balu Lokare,<br>Age – 40 yrs., Occupation – Agri,<br>r/o. A/p. Senapati Kapashi, Tq. Kagal,<br>Dist. Kolhapur | |
| 18 | Ku. Shivali Krishna Shinde,<br>Age – 12 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Krishna Ganapati Shinde,<br>Age – 46 yrs., Occupation – Service,<br>r/o. A/p. Shimpe, Tq. Shahuwadi,<br>Dist. Kolhapur | |
| 19 | Ku. Harshad Hari Powar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Hari Baburao Powar,<br>Age – 47 yrs., Occupation – Agri.<br>r/o. A/p. Talashi, Tq. Radhanagari,<br>Dist. Kolhapur | |
| Versus | ||
| 1 | The Navodaya Vidyalaya Samiti<br>(An Autonomous Organization) Under |
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| Ministry of Human Resources Development,<br>Department of School Education and<br>Literacy, Government of Maharashtra,<br>Having Head Office at B-15, Institutional<br>Area, Sector – 62, Noida, Gautam Buddha<br>Nagar, Uttar Pradesh – 201317, Through its<br>Commissioner | ||
|---|---|---|
| 2 | The Navodaya Vidyalaya Samiti,<br>Having its Regional Office at Sheti<br>Mahamandal Bhavan, Senapati Bapat Road,<br>Pune – 411016<br>Through its Dy. Commissioner | |
| 3 | Jawahar Navodaya Vidyalaya,<br>Palus, Taluka : Palus, Dist. Sangli,<br>Through its Principal | |
| ….. Respondents |
WITH
WRIT PETITION NO.10680 OF 2022
| 1 | Ku. Samarth Sardar Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Sardar Ganapati Patil,<br>Age – 36 yrs., Occupation – Agri.<br>r/o. At Swayambhuwadi, Tq. Amashi,<br>Tq. Karveer, Dist. Kolhapur | ….. Petitioner |
|---|---|---|
| Versus | ||
| 1 | The Navodaya Vidyalaya Samiti<br>(An Autonomous Organization) Under<br>Ministry of Human Resources Development,<br>Department of School Education and<br>Literacy, Government of Maharashtra,<br>Having Head Office at B-15, Institutional<br>Area, Sector – 62, Noida, Gautam Buddha<br>Nagar, Uttar Pradesh – 201317, Through its<br>Commissioner |
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| 2 | The Navodaya Vidyalaya Samiti,<br>Having its Regional Office at Sheti<br>Mahamandal Bhavan, Senapati Bapat Road,<br>Pune – 411016<br>Through its Dy. Commissioner | |
|---|---|---|
| 3 | Jawahar Navodaya Vidyalaya, Sangeli –<br>Savarwad, Post – Kalambist, Tq. Sawantwadi,<br>Dist. Sindhudurg<br>Through its Principal | ….. Respondents |
WITH
WRIT PETITION NO. (ST) 18836 OF 2022
| 1 | Ku. Chaitanya Jagdip Ghare,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Jagdip Shamrao Ghare,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. At Titve, Tq. Radhanagari, Kolhapur | |
|---|---|---|
| 2 | Ku. Parineeta Sanjay Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Sanjay Dnyandev Patil,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. At Palandewadi, Post. Upavade,<br>Tq. Vaibhavwadi, Dist. Sindhudurg | |
| 3 | Ku. Samarth Krishnat Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Krishnat Maruti Patil,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. A/p. Khatangale, Tq. Karveer,<br>Dist.Kolhapur | |
| 4 | Ku. Pruthviraj Pandurang Moghardekar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Pandurang vishwas<br>Moghardekar, |
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| Age – 41 yrs., Occupation – Agri.<br>r/o. At post Kelus, Tq. Vengurla,<br>Dist. Kolhapur | ||
|---|---|---|
| 5 | Ku. Shrushti Sagar Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Sagar Ananda Patil,<br>Age – 43 yrs., Occupation – Agri.<br>r/o. A/p. Khupire, Tq. Karveer, Dist.Kolhapur | |
| 6 | Ku. Vibhavri Sachin Kamble,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Sachin Gorakh Kamble,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. Plot No.14, Nursinh Colony, Ring Road,<br>Phulewadi, Tq. Karveer, Dist. Kolhapur | |
| 7 | Ku. Kranti Sandeep Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Sandeep Mahadev Patil,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. a/p. Kadgaon, Tq. Karveer, Dist.<br>Kolhapur | |
| 8 | Ku. Omkar Sakharam Hurduke,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Sakharam Dagdu Hurduke,<br>Age – 44 yrs., Occupation – Servie,<br>r/o. A/p. Gala No.27, New MHADA Colony,<br>Morewadi, Tq. Karveer, Dist. Kolhapur | |
| 9 | Ku. Paranav Ashok Redekar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Ashok Abaji Redekar,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. A/p. Nandgaon, Tq. Karveer,<br>Dist. Kolhapur |
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| 10 | Ku. Shravani Prakash Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Prakash Pandurang Patil,<br>Age – 49 yrs., Occupation – Service,<br>r/o. Vaibhavwadi, Dist. Sindhudurg | |
|---|---|---|
| 11 | Ku. Swara Sachin Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Sachin Kerba Patil,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. A/p. Upale, Tq. Vaibhavwadi, Dist.<br>Sindhudurg. | |
| 12 | Ku. Samidha Pramod Suryawanshi,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Pramod Nivrutti Suryawanshi,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. A/p Yevati, Tq. Karveer, Dist. Kolhapur | |
| 13 | Ku. Ranveer Shrikant Bodake,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Shrikant Vilas Bodake,<br>Age – 39 yrs., Occupation – Agri.<br>r/o. A/p. Walve Khurd, Tq. Kagal,<br>Dist. Kolhapur | |
| 14 | Ku. Siddhesh Uday Patil<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Uday Bapusaheb Patil,<br>Age – 41 yrs., Occupation – Service,<br>r/o. A/p. Sidhneri, Tq. Kagal, Dist. Kolhapur | |
| 15 | Ku. Rajnandini Mahadev Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Mahadev Shankar Patil,<br>Age – 41 yrs., Occupation – Agri. |
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| r/o. A/p. Shirshinge, Tq. Savantwadi,<br>Dist. Sindhudurg. | ||
|---|---|---|
| 16 | Ku. Sanskar Amar Chougule,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Amar Khanderao Chougule,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. A/p.Bhuyewadi, Tq.Karveer,<br>Dist. Kolhapur | |
| 17 | Ku. Guruprasad Udaysinh Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Udaysinh Shamrao Patil,<br>Age – 41 yrs., Occupation – Agri.<br>r/o. A/p. Koparde, Tq. Karveer, Dist.Kolhapur | |
| 18 | Ku. Shrutika Shivaji Raut,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Shivaji Mahadev Raut,<br>Age – 41 yrs., Occupation – Agri.<br>r/o. A/p. Kuditre, Tq. Karveer, Dist.Kolhapur | |
| 19 | Ku. Saksham Sanjay Ghodake,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Sanjay Ramchandra Ghodake,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. A/p borawade, Tq. Kagal, Dist.Kolhapur | |
| 20 | Ku. Parthamesh Mahesh Bhalkar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Mahesh Arun Bhalkar,<br>Age – 39 yrs., Occupation – Agri.<br>r/o. A/p. Pachgaon, Tq. Karveer,<br>Dist. Kolhapur | |
| 21 | Ku. Sai. Dnyaneshwar Jadhav,<br>Age – 11 years, Occupation – Student, |
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| Since minor through her natural guardian<br>father - Shri Dnyaneshwar Sadashiv Jadhav,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. A/p. Koge, Tq. Karveer, Dist. Kolhapur | ||
|---|---|---|
| 22 | Ku Aditya Amar Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Amar Balkrishna Patil,<br>Age – 43 yrs., Occupation – Agri.<br>r/o. A/p Asgav, Tq. Panhala, Dist. Kolhapur | |
| 23 | Ku. Sayali Pandurang Khutale,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Pandurang Hindurao Khutale,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. A/p. Panutre, Tq. Panhala,<br>Dist. Kolhapur | |
| 24 | Ku. Soham Suresh Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Suresh Ananda Patil<br>Age – 38 yrs., Occupation – Agri.<br>r/o. A/p. Telave, Tq. Panhala, Dist. Kolhapur | |
| 25 | Ku. Tejas Balaso Kasar,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Balaso Bhikaji Kasar,<br>Age – 38 yrs., Occupation – Agri.<br>r/o. A/p. Banage, Tq. Kagal, Dist. Kolhapur | ….. Petitioners |
| Versus | ||
| 1 | The Navodaya Vidyalaya Samiti<br>(An Autonomous Organization) Under<br>Ministry of Human Resources Development,<br>Department of School Education and<br>Literacy, Government of Maharashtra,<br>Having Head Office at B-15, Institutional |
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| Area, Sector – 62, Noida, Gautam Buddha<br>Nagar, Uttar Pradesh – 201317, Through its<br>Commissioner | ||
|---|---|---|
| 2 | The Navodaya Vidyalaya Samiti,<br>Having its Regional Office at Sheti<br>Mahamandal Bhavan, Senapati Bapat Road,<br>Pune – 411016<br>Through its Dy. Commissioner | |
| 3 | Jawahar Navodaya Vidyalaya,<br>Sangeli – Sarvarwad, Post. Kalambist,<br>Tq.Sawantwadi, Dist. Sindhudurg,<br>Through its Principal | ….. Respondents |
WITH
WRIT PETITION NO. (ST) 18835 OF 2022
| 1 | Ku. Tanushri Tushar Tardalkar<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Tushar Raghunath Tardalkar,<br>Age – 39 yrs., Occupation – Service,<br>r/o. A/p. Kagal, Tq. Kagal, Dist. Kolhapur | |
|---|---|---|
| 2 | Ku. Rudrapriy Bharat Patil,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Bharat Shamrao Patil,<br>Age – 42 yrs., Occupation – Agri.<br>r/o. A/p. Malapude, Tq. Shahuwadi,<br>Dist. Kolhapur | |
| 3 | Ku. Pratik Digambar Suryawanshi,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Digambar Pandurang<br>Suryawanshi<br>Age – 39 yrs., Occupation – Agri.<br>r/o. A/p. Savarwadi, Tq. Karveer,<br>Dist. Kolhapur |
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| 4 | Ku. Virajsinh Sagar Patil<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Sagar Shankar Patil<br>Age – 45 yrs., Occupation – Agri.<br>r/o. A/p. Chuye, Tq. Karveer,<br>Dist. Kolhapur | |
|---|---|---|
| 5 | Ku. Sanskar Nitin Gawade,<br>Age – 11 years, Occupation – Student,<br>Since minor through his natural guardian<br>father - Shri Nitin Khandu Gawade,<br>Age – 40 yrs., Occupation – Agri.<br>r/o. A/p. Kumbharwadi, Tq. Panhala,<br>Dist.Kolhapur | ….. Petitioners |
| Versus | ||
| 1 | The Navodaya Vidyalaya Samiti<br>(An Autonomous Organization) Under<br>Ministry of Human Resources Development,<br>Department of School Education and<br>Literacy, Government of Maharashtra,<br>Having Head Office at B-15, Institutional<br>Area, Sector – 62, Noida, Gautam Buddha<br>Nagar, Uttar Pradesh – 201317,<br>Through its Commissioner | |
| 2 | The Navodaya Vidyalaya Samiti,<br>Having its Regional Office at Sheti<br>Mahamandal Bhavan, Senapati Bapat Road,<br>Pune – 411016<br>Through its Dy. Commissioner | |
| 3 | Jawahar Navodaya Vidyalaya, Padave, Tal.<br>Rajapur, Dist. Ratnagiri,<br>Through its Principal | ….. Respondents |
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WITH
WRIT PETITION NO. (ST) 18942 OF 2022
| Ku. Shravani Bajirao Bhiungade,<br>Age – 11 years, Occupation – Student,<br>Since minor through her natural guardian<br>father - Shri Bajirao Balwant Bhiungade,<br>Age – 36 yrs., Occupation – Agri.,<br>r/o. At Khamkarwadi, Post. Dhamod,<br>Tq. Radhangari, Dist. Kolhapur | ….. Petitioner | |
|---|---|---|
| Versus | ||
| 1 | The Navodaya Vidyalaya Samiti<br>(An Autonomous Organization) Under<br>Ministry of Human Resources Development,<br>Department of School Education and<br>Literacy, Government of Maharashtra,<br>Having Head Office at B-15, Institutional<br>Area, Sector – 62, Noida, Gautam Buddha<br>Nagar, Uttar Pradesh – 201317,<br>Through its Commissioner | |
| 2 | The Navodaya Vidyalaya Samiti,<br>Having its Regional Office at Sheti<br>Mahamandal Bhavan, Senapati Bapat Road,<br>Pune – 411016<br>Through its Dy. Commissioner | |
| 3 | Jawahar Navodaya Vidyalaya,<br>Sangeli – Sarvarwad, Post. Kalambist, Tq.<br>Sawantwadi, Dist. Sindhudurg,<br>Through its Principal | ….. Respondents |
Mr. Prashant Bhavake for the Petitioners
Ms.Neeta Masurkar for the Respondents
Mr.Sandesh D. Patil a/w Divya Pawar for the Applicant in Interim
Application (ST) No.20849/2022
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CORAM: S.V.GANGAPURWALA &
R.N.LADDHA, JJ.
JUDGMENT RESERVED ON - SEPTEMBER 29, 2022
JUDGMENT PRONOUNCED ON - OCTOBER 13, 2022
JUDGMENT (PER : S.V.GANGAPURWALA,J.)
1 Mr.Bhavake the learned Counsel for the Petitioners submits
th
that the Petitioners have studied 5 standard in the district where
the Petitioners are seeking admission in the Jawahar Navodaya
Vidyalaya (JNV for short), Sangli, Sindhdurg and Ratnagiri. In
August, 2021 guidelines were published for admission for the
academic year 2022. Last date for filling in Form was 30.11.2021.
nd
Petitioners being eligible, were issued the Admit Card in 2 week of
April, 2021. Exam was scheduled on 30.04.2022. Tests were
conducted. Petitioners were selected upon declaration of the result.
Respondents are seeking permanent residence certificate from the
Petitioners. According to the learned counsel for the Petitioners,
said condition does not apply to the students like the present
Petitioners. Permanent residence certificate is required for the
students seeking admission through NIOS (National Institute of
Open Schooling). The learned counsel, to substantiate his
contention, relies upon clause 2.1(iii) of the guidelines. So also
clause 3.1 and 3.6. Relying upon clause 3.6 of the guidelines, it is
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submitted that candidates selected on the basis of the Tests will be
admitted only in the JNV located in the district from where they are
studying in clause V and appearing for the JNVST. Under no
circumstances, the selected candidate will be given admission to any
other JNV. The learned counsel further relies on clause 4.3 and
submits that a candidate appearing for selection test must be
studying in Class-V for the whole of the academic session 2021-22 in
the Government /Government aided or other recognized schools or
‘B’ certificate competency course of National Institute of Open
Schooling in the same district. He further submits that under the
heading, ‘documents to be submitted after selection’, clause 4
requires residence certificate under prescribed proforma in case of
NIOS studies only. The learned counsel further relies upon the form
for the residence certificate. Said form is also meant only for the
students who seek admission to studies in NIOS. According to the
learned counsel, none of the guidelines require the students like the
Petitioners to submit permanent residence certificate of the same
district. The only mandatory condition is that the Petitioners should
have completed Class-V from the same district. Petitioners complied
with the said condition.
2 According to the learned Counsel for the Petitioners, the
Respondents are misinterpreting clause 4.1 of the Prospectus 2022.
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The said clause has to be read with other clauses. The only
predominant condition for a student to be eligible to take admission,
he should have passed Class-V from the same District where JNV
Institute is situated. The proof of residence is for the students who
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have passed their 5 standard from NIOS and the form for residence
proof is also provided for those students and not for the other
students. The Petitioners herein qualify the eligibility criteria of
having passed Class V standard from the District where they have
applied to JNV. To substantiate his contention that the condition
that the student should be resident of the same District is applicable
only to NIOS students. Reference is made to sub clause 2.1. The
proforma is also referred to of ‘Residence Certificate’. Same is
applicable only to NIOS. Even under the caption ‘Documents to be
submitted after Selection’, the residence certificate in prescribed
proforma is required only in case of NIOS students. The Petitioners
are legitimately selected. Cancelling their admission is improper.
The name of the Petitioners appear in the merit list. As such, they
are entitled to get admission in the Respondent Institution. The
Respondents already granted admission to the students selected
from the merit list of JNVST-2022 at Sr.No.7, 19 and 45 who are not
permanent residents of Sanlgi District.
3 Learned advocate for the Respondents submits that it was
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within the right of the Respondents to ask for the residence proof of
the Petitioners. The object of establishing JNV is to provide good
quality modern education including a strong component of culture,
inculcation of values, awareness of the environment, adventure
activities and physical education to the talented children
predominantly from rural areas and to serve in each district as focal
point for improvement in quality of school education in general. The
learned Counsel relied upon clause 4.1 of the Prospectus and
submits that it is only the candidates from the District concerned
where the JNV has been opened are eligible to apply for admission.
The said requirement is the basic requirement.
4 The learned advocate further submits that the JNV is opened
in every District in the country except the State of Tamilnadu with
avowed object of providing quality education more particularly to
the students from rural areas and downtrodden. Passing Class V
from the same District is one of the conditions of eligibility. The
policy decision of the Government of India for establishing JNVs in
each District as a focal point is not challenged in the present petition.
The Petitioners are from Kolhapur District and if they are given
admission in Sangli District, entire reservation quota of the Sangli
District will be disturbed causing great prejudice to the students of
the concerned District who are kept in mind by the policy makers
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while making policy to attain certain welfare meant for them under
the policy. The learned advocate relying upon the Supreme Court
judgment in the case of Maharashtra State Board of Secondary
and Higher Secondary Vs. Paritosh Bhupesh Kumar Sheth etc.
(1984) 4 SCC 27 submits that the courts would not examine the
merits or demerits of the policy. It is exclusively within the province
of the legislature and its delegate to determine as a matter of policy.
The NV Samiti schools are not meant for free and compulsory
elementary education for each child but for education with specific
purposes to be imparted to the selected children who fulfill the
eligibility criteria. The NVs are special schools under NV Samiti, an
autonomous organisation under Ministry of Education and are
governed by the different rules issued by the Ministry of Education,
Government of India and not under the Right to Education Act. The
Petitioners failed to submit the requisite documents including
residence certificate within the stipulated time frame. As the
Petitioners failed to submit the residence proof, their candidature is
rightly rejected. In order to apply for JNVST Class VI admission
2022, the students have to fulfill eligibility criteria in the first place
viz. only students belonging to the District where the JNV is located
are eligible to apply for admission and to get admission in JNV for
the District only. The students studying in the Government /
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Government aided or other recognized schools are required to give
residence proof as per paragraph 2.1(i) and the students studying in
B Certificate competency course of NIOS are required to produce
either residence proof or residence certificate. The learned advocate
submits that no error has been committed by the Respondents.
5 The substratum of the matter for adjudication is “whether the
students not residing in the District can seek admission in the JNV
situated in the said District”. The Petitioners it appears have passed
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5 standard from Sangli District. They seek admission in the JV at
Sangli. They appear to be residents of Kolhapur District.
6 Clause 4.1 of the Prospectus for JNVST 2022 provides that
only the candidates from the District where the JNV has been
opened are eligible to apply for admission. Clause 3.6 provides that
the children selected on the basis of the test will be admitted only in
the JNV located in the District from where they are studying in Class
V and appearing for JNVST. The selected candidates will not be
given admission to any other JNV. It further provides that no
request for shifting of students on account of medium of instruction
in the JNV concerned, shifting of parents / guardians to other
Districts / States etc. will be entertained. Clause 4.3 further
provides that a candidate appearing for the selection test must be
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studying in Class V for the whole of the academic session 2021-2022
in a Government / Government aided or other recognized schools or
B Certificate competency course of NIOS in the same District where
he is seeking admission.
7 So far as reservation of seats is concerned, the Prospectus
provides that 75% of the seats in the District are filled in by the
candidates selected from rural areas and remaining seats will be
filled in from the urban areas of the District. The reservation of the
seats in favour of the children belonging to SC/ST is provided in
proportion to the population of the District concerned. It would
appear that 75% of the seats in a District are filled by candidates
selected from rural areas and the remaining seats are filled from
urban areas of the District. The same appears to be in consonance
with the object of the scheme. The object of the scheme is to provide
good quality modern education including a strong components of
culture, inculcation of values, awareness of the environment,
adventure activities and physical education to the talented children
predominantly from rural areas. The Petitioner is harping more on
clause 2.1(iii) under the caption ‘How to Apply for JNVST’ wherein
the candidates from NIOS are required to be resident of the same
District where he or she is seeking admission. It is contended that
the said clause provides for residence proof and the requirement of
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residence of the same District only to the candidates from the NIOS
and not the candidates passing from a recognized Government or
Government aided institution.
8 The object of the scheme along with all clauses will have to be
read in harmony to arrive at a conclusion. The clauses cannot be
read in a manner that one of the clauses is rendered redundant or a
dead letter. All the clauses will have to be read in a manner that
none of the clause is rendered nugatory or otiose. The object of the
scheme is to provide quality modern education to the children
predominantly from the rural areas. Keeping in mind the said
objective, 75% of the seats in a District are reserved for the
candidates from rural areas and remaining seats are filled in from
the urban area of the District.
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
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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
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the JNV; (i) the candidate should have passed 5 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
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though the student may not be the resident of the same District
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where the JNV is situated and if he has passed 5 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 In light of the above, the Writ Petitions fail. The Writ Petitions,
as such are dismissed. No costs.
(R.N.LADDHA, J.) (S.V. GANGAPURWALA, J.)
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