ROHIT SINGHAL Vs. PRINCIPAL JAWAHAR N VIDYALAYA

JUDGEMENT

(1.) Pursuant to the National Education Policy, 1986 the Government of India established Jawahar Navodaya Vidyalaya (JNV) over the country. Such schools became operational for 27 States and 6 Union Territories of the country. The schools are co-educational residential schools placed under the care of an independent organization called Navodaya Vidyalaya Smiti, completely financially aided from Government of India. Admissions in JNV are done in class VI through an entrance examination called Navodaya Selection Examination. The medium of education till class VIII is mother-tongue or regional language. From IXth standard English medium is resorted to for imparting instructions in mathematics and science. For Social Science, Hindi is the medium. The students of these schools sit in class Xth and XIIth examinations conducted by Central Board of Secondary Education. The aims of the scheme are : (i) through the policy of migration, to increase national unity amongst the students; (ii) to increase and support virtuous students especially of village areas and of weaker sections of the society; (iii) to provide best education for the complete development to virtuous students; and (iv) to establish organization at the district level which will work as resource center for increasing excellence. The scheme aimed at establishing one school in every district of the chosen States and Union Territories 25 JNVs were opened during 2001-2002.

(2.) The petitioners are 5 young students hailing from rural background of District Bulandshar in the State of U. P. They were selected for admission into JNV. They passed VIth, VIIth and VIIIth standard examinations from JNV, Buklana, District Bulandshar, U. P. Their performance was satisfactory. The petitioners claim that they secured good marks at the examinations. Their schooling in Bulandshar was peaceful and without any hassles. In December, 2001, midway the session, they were transferred to JNV, Periya, District Kasaragod of the State of Kerala. They reached the destination and joined the Vidyalaya on 3-12-2001. It was time for mid-term examinations. The transfer did cause interruption in regular studies. The 5 children all in the age-group of 13-14 years could not carry on well in the transferee JNV. The petitioners grievance or the explanation for their having rendered mis-fit at the transferee JNV is that the dialect and language commonly spoken there was Malayalam as amongst the students and teachers but there was no teacher of Malayalam for a period of two years and they failed to assimilate themselves in conversation and communication. The local children had some bias against the petitioners mainly erupted by language and cultural gulf. The teachers too, the petitioners felt, while apprised of their discomfiture sided with local children and therefore the petitioners felt alien and insecure. All this resulted in mal-adjustment. The petitioners could not assimilate with the locals and minor incidents, to some extent violent too, erupted. The petitioners and their associates resorted to abstention from classes and abstention from taking food too - something short of hunger strike. The teachers tried to discipline the students but did not succeed. At one point of time police was also called on the campus. In January, by the time the petitioners had spent 5 or 6 weeks at Periya they were issued transfer certificates and discharged from the JNV. The transfer certificates contained remarks such as "general conduct - not satisfactory" and "reasons for leaving the school on disciplinary grounds". The child students came back to their parental land only to find their fire of frustration being fuelled by the refusal of their erstwhile JNV to accept them back. They filed a writ petition in the Allahabad High Court which has been dismissed. This is an appeal by special leave.

(3.) Leave granted.