GURSEWAK SINGH (MINOR) Vs. PRINCIPAL, JNVL (SANGRUR)

JUDGEMENT

(1.) Petitioner Gursewak Singh (Minor) through his father has filed the present writ petition under Articles 226 and 227 of the Constitution of India, for a mandamus directing the respondents to admit the petitioner for appearing in the selection test for admission to the Jawahar Navodaya Vidyalaya, Longowal, District, Sangrur.

(2.) The petitioner is a student of V Government Primary School, Pakho Kalan in the District of Sangrur where he joined on 14.7.1988 and passed Class II, IV and V by attending classes without any break since his admission in the said school. Although the classes for IIIrd class started w.e.f. 1.4.1988, the petitioner was given admission in July, 1988, as he was stated to be ill. It is not disputed before me that the petitioner has passed class III, Class IV and Class V which makes him eligible to appear in the selection test for admission to the aforesaid institution.

(3.) In pursuance of the National Policy on Education, the Government of India had launched a scheme called 'the Navodaya Vidyalaya Scheme'. Under the scheme a large number of Navodaya Vidyalayas have been established throughout the country. These Vidyalayas are fully financed and managed by the Navodya Vidyalaya Samiti, an autonomous organisation set up by the Government of India. The Vidyalayas are residential institutions having separate hostels for boys and girls. The education in Jawahar Navodaya Vidyalayas including the boarding, lodging, books, stationery and uniform, is free. These Vidyalayas prepare students for secondary/senior secondary examinations of the Central Board of Secondary Education, New Delhi Admission to the Vidyalayas is made only at the level of class VI. A selection test is held by the National Council of Educational Research and Training, New Delhi (hereinafter called as 'the NCERT') on the basis of which students are admitted to each Jawahar Navodya Vidyalaya. Each candidate appears in the selection test at the examination centre allotted to him/her as indicated on the 'Admit Card' and no candidate is permitted to appear without such a card. Clause 2.1 of the prospectus issued by the NCERT for the Jawahar Navodya Selection Test, 1991 determines the eligibility of the candidates for admission to the said Vidyalayas. Sub Clauses (c) & (e) of clause 2.1 of the prospectus which are relevant for our purpose read as under :-