ANUSHKA SAMBHAJI PATIL Vs. NAVODAYA VIDYALAYA SAMITI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) It is the case of the petitioners that they have pursued education in Class-V in the academic session 2020-21 in various schools in Ratnagiri district. They sought admission in Class-VI at the respondent No.3-School which is conducted by the Navodaya Vidyalaya Samiti, an autonomous organization. The petitioners appeared for the JNVST-2021 results of which were declared on 28/09/2021. The petitioners' names were shown in the list of eligible candidates published by the respondent No.2. Thereafter the petitioners through their parents took steps to submit all necessary documents from 08/10/2021 onwards through Online mode. The petitioners duly submitted the admission form along with a certificate issued by the School from which they passed the Class-V examination in April 2021. The date on which these petitioners were admitted in that School was also mentioned in the said certificate. However on 26/11/2021 the Principal of the respondent No.3-School informed the guardian of each petitioner that in view of Clause 4.3 of the Navodaya Vidyalaya Scheme which refers to the prospectus for admission to Class-VI, each petitioner was not eligible. The deficiency in their documents was stated to be absence of date on which each petitioner was admitted to Class-V. The petitioners along with some other students who were similarly situated challenged the aforesaid communication by filing Writ Petition No.9451/2021 (Harshvardhan S. Kubade and Ors. vs. The Navodaya Vidyalaya Samiti and Ors.). This Court on 23/12/2021 accepted the statement made on behalf of the respondents therein that the impugned orders would be withdrawn and a fresh order considering the request for grant of admission in Class-VI would be passed in accordance with law. The petitioners were also permitted to cure the deficiencies if any in the documents submitted by them within a period of ten days from communication of such deficiencies. With these directions the aforesaid writ petition was disposed of.

(3.) It is the case of the petitioners that despite these directions the respondents without giving notice of ten days to the petitioners for curing the deficiencies, issued a notice of hearing on 29/12/2021 stating therein that the parents of the petitioners could meet the Principal of respondent No.3 School on 31/12/2021 with documents to substantiate the claim that each petitioner had completed one year study during the academic year 2020-21 in a recognized School in Ratnagiri district. Since this notice was received through e-mail, the petitioners' parents also submitted their replies through e-mail. As no decision was taken with regard to petitioners' admission to Class-VI, the petitioners have filed this writ petition on 14/03/2022. While issuing notice in the writ petition on 15/03/2022 the respondents were permitted to take an appropriate decision in accordance with law as regards admission of the petitioners. Thereafter on 25/03/2022 the respondent No.3-School informed the petitioners that there was no document submitted on behalf of the petitioners to substantiate their claim of completion of "one whole year's study" in Class-V in a recognized school in Ratnagiri district during 2020-21. It was further stated that it had been verified that the concerned School was functioning from 15/06/2020 and there was no modification/relaxation in the notifications issued by the respondent No.2 on account of pandemic condition. While hearing the writ petition today, leave was granted to amend the writ petition and raise a challenge to the communication dtd. 25/03/2022 issued to each petitioner by which their admission in Class-VI at the respondent No.3- School came to be cancelled.