SHUBHAM VIJAY PATIL Vs. NAVODAYA VIDYALAYA SAMITI

JUDGEMENT

(1.) Mr.Bhavake the learned Counsel for the Petitioners submits that the Petitioners have studied 5th 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. Petitioners being eligible, were issued the Admit Card in 2nd week of April, 2021. Exam was scheduled on 30/4/2022. 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 Basavraj 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. Basavraj 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 have passed their 5th 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 Basavraj 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.