Rithul Dev M. v. Ministry of Education, Government of India and Navodaya Vidyalaya Samiti and others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 28[TH] DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943** **WP(C) NO. 6778 OF 2022** ## **PETITIONER/S:** RITHUL DEV M. AGED 12 YEARS S/O RAVEENDRAN M., MURICHAYIMBADI HOUSE, IRINGATH P.O, PAYYOLI VIA, KOZHIKODE - 673523 REPRESENTED BY HIS FATHER RAVEENDRAN M, AGED 50, S/O KUNHIKRISHNAN NAMBIAR, MURICHAYIMBADI HOUSE, IRINGATH P.O, PAYYOLI VIA, KOZHIKODE, PIN - 673523 BY ADV MANAS P HAMEED ## **RESPONDENT/S:** 1 MINISTRY OF EDUCATION GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, SHASTRI BHAWAN, NEW DELHI, PIN - 110001 2 NAVODAYA VIDYALAYA SAMITI (NVS) AUTONOMOUS BODY UNDER MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, REPRESENTED BY ITS CHAIRMAN, INSTITUTIONAL AREA, SECTOR 62, NOIDA, UTTAR PRADESH, PIN - 201307 3 THE TAHSILDAR KOYILANDY TALUK, TALUK OFFICE, KOYILANDY, KOZHIKODE, PIN - 673305 4 THE SECRETARY, PAYYOLI MUNICIPALITY PAYYOLI MUNICIPALITY, PAYYOLI, KOZHIKODE, PIN - 673522 5 VIDYALAYA MANAGEMENT COMMITTEE REPRESENTED BY ITS CHAIRMAN, JAWAHAR NAVODAYA VIDYALAYA, PANDAKKAL, THALASSERY-PANOOR ROAD, MAHE, PIN – 673310 **WP(C) NO. 6778 OF 2022** **2** 6 THE PRINCIPAL JAWAHAR NAVODAYA VIDYALAYA, PANDAKKAL, THALASSERY-PANOOR ROAD, MAHE, PIN - 673310 ## **OTHER PRESENT:** ADV.JIMMY GEORGE -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 6778 OF 2022** **3** ## **JUDGMENT** Order Ext.P7 dated 24.2.2022 passed on the direction of this Court in the judgment dated 9.2.2022 has been assailed along with the scheme. 2. Petitioner, aged 12 year had preferred writ petition desired of getting admission in Class VI. This Court without expressing any opinion on the merits vide judgment dated 9.2.2022 directed the respondent No.5 and 6 to dispose of Ext.P5 representation for correcting the error. Respondents have rejected the application of the petitioner by relying upon the scheme which encourages the rural area students who studied in urban area schools by keeping the reservation to the extent of 75%. 3. Learned counsel for the petitioner submits that there is no bar for the rural area students to study in the urban area school which may have a better education facility. But as far as the students belonging to rural area they have to study in rural area schools if seek admission would be considered under 75% quota. Petitioner had been studying from class III to class V in urban area school, though resident of rural area. Tahsildar did not issue the **WP(C) NO. 6778 OF 2022** **4** certificate to the petitioner as the school in which the petitioner had studied ie., Vidyanikethan Public School, Payyoli is situated in the Municipality ie., urban area, thus the order is liable to be set aside. In support of the contentions relies upon the judgment of Allahabad High Court in _**Santhosh Kumar and Another v. Rashtriya Shaikshik Anusandhan Aur Prashikshan Parishad, New Delhi and others (1988 KHC 1523**_ ). 4. I have heard the learned counsel for the petitioner and appraised the paper book. The order dated 24.2.2022 and the operative part of the scheme reads thus: **Order dated 24.2.2022, Ext.P7:** ## _F.No.2-13/WP(C) 4209/JNVM/2021-22/207 dated:24.2.2022_ ## _ORDER_ _WHEREAS, Mas Rithul M., S/O. Raveendran M., Murichayimbadi House, Iringath P.O. Payyoli VIA, PIN: 673523 represented by his father Mr. Raveendran M., Kunhikrishnan Nambiar, Murichayimbadi House, Iringath Payyoli VIA, Kozhikode. PIN:673523 has filed a WP (C) 4209 2022 before Hon'ble High Court Kerala at Emakulam praying to condone the error committed while filling online admission for admission in Jawahar Navodaya Vidyalaya (JNV) and to consider for admission. COURT_ _AND WHEREAS Hon'ble High Court of Kerala vide its order dated 09/02/2022 disposed off the WP with the following direction:_ _"Without expressing any opinion on the merits the matter, I dispose of the Writ Petition with direction to respondent Nos.5 and 6 to dispose of Ext.P5 representation for correcting the error_ **WP(C) NO. 6778 OF 2022** **5** _as notified therein which is stated be bonafide not intentional, in accordance with law after affording an opportunity of hearing through virtual physical mode. Let this exercise be undertaken within a period of 15 days from the date of receipt of a certified copy of this judgment.”_ _AND WHEREAS in compliance with order dated 09/02/2022 Hon'ble High Court Kerala WP(C) 4209 2022, the Petitioner Mas. Rithul Dev M., Represented by his Father Mr. Raveendran M. was requested appear in person before Shri. Shivraj Meena, Chairman, Vidyalaya Management Committee (RS) in the presence of Dr. Rathnakaran K.O., Principal, Navodaya Vidyalaya, Mahe (R6) on 24/02/2022 vide letter No. 2- 13/WP(C) 4209/JNVM/2021-22 Dated 21.2.2022 to give an opportunity of hearing through physical mode._ _AND WHEREAS Mas. Rithul Dev and her Father Mr. Raveendran M., appeared before the Chairman, JNV and Principal, JNV. The petitioner informed that while filing the online application for admission in Jawahar Navodaya Vidyalaya, due to oversight, the error crept in by entering Rural instead of Urban for the area of the school where he was studying. It happened because the applicant thought that the school belongs to Rural area._ _Chairman, Vidyalaya Management Committee and the Principal, informed the Petitioner that Prospects for Jawahar Navodaya Vidyalaya Selection Test 2022 states as follows. FOR RURAL CANDIDATES_ _A) at least 75% of the seats in a district will be filled by candidates selected from Rural Areas of District and remaining seats will be filled from the Urban areas of the district._ _B) A candidate seeking admission under the rural quota must havestudied in Classes-III, IV and V completing full academic session from the Government/ Government Aided/Government recognized schools located in rural areas However, the candidate should study full academic session in Class-V from the same district where admission is sought_ _FOR URBAN CANDIDATES_ _A candidate who has studied in a school located in an urban area even for a single day of session in Class-III, IV and V will be_ **WP(C) NO. 6778 OF 2022** **6** _considered as an urban candidate. Urban areas are those which are so defined in 2011 census or through a subsequent Government notification. All other areas will be considered as rural._ _AND WHEREAS as per information received from Navodaya Vidyalaya Samiti, Noida vide letter No. 4-1(4)/2021NVS(Exam)/3252 dated 21/02/2022, the Petitioner is found eligible in the UR category he belongs for admission to class VI subject to availability of vacancy under the OPEN UR seat. But there is no vacancy in this category at present and so admission can't be given to Mas. Rithul Dev M_ _AND NOW THEREFORE, keeping in view of the above conspectus, the representation of the applicant Ext PS dated 04/02/2022 has been considered strictly in accordance with the norms & provisions of Jawahar Navodaya Vidyalaya Selection Test 2022 and the application is not acceptable. Accordingly, the representation dated 04/02/2022 of applicant is hereby disposed of without any relief. With this, the order dated 09/02/2022 of Hon'ble High Court of Kerala at Ernakulam passed in WP (C) 4209 of 2022 stands complied with._ ## **Navodaya Vidyalaya Scheme:** ## _**FOR RURAL CANDIDATES**_ _A. At least 75% of the seats in a a district will be filled by candidates selected from rural areas of the district and remaining seats will be filled from the Urban areas of the district._ _B. A candidate seeking admission under the rural quota must have studied in Classes-III, IV and V completing full academic session from the Government/Government Aided/Government recognized schools located in rural areas. However, the candidate should study full academic session in Class-V from the same district where admission is sought._ C. _Candidates studying under the schemes of National Institute of Open Schooling should produce their rural status certificate issued by District Magistrate/Tahsildar/Block Development Officer._ ## _FOR URBAN CANDIDATES_ _A candidate who has studied in a school located in an urban area even for a single day of session in Class-III, IV and V will be considered as an urban candidate. Urban areas are those which_ **WP(C) NO. 6778 OF 2022** **7** _are so defined in 2011 census or through a subsequent Government notification. All other areas will be considered as rural._ ## _FOR TRANSGENDER CANDIDATES_ _No separate reservation for transgender category candidates is provided and they will be included in Boys category for reservation purpose, under various sub-categories viz Rural, Urban, OBC, SC, ST and Divyang._ On perusal of the scheme the students belonging to rural area are encouraged to seek admission in higher classes in urban area. Concededly, the petitioner though belongs to rural area had been studying in a school, which is situated in urban area. While sitting in the entrance examination, the parents had given the domicile as rural area which they want to rectify and resulted into rejection of the application. The scheme cannot be challenged at this stage when the petitioner has been denied the admission under the rural category as she had been throughout studying in urban area despite being a resident of rural area. The judgment relied upon pertain to prohibiting the students from sitting in the entrance examination keeping in view that there is no bar for the parents belonging to rural area to send the pupil to urban area. The aforementioned ratio in my logic would not be applicable for once as the parents had already been sending their wards to the school belonging to urban **WP(C) NO. 6778 OF 2022** **8** area and cannot seek the preference of admission as 75% of weightage is given to the students belonging to rural area. The reasoning assigned in the order is perfectly justified and do not call for any interference. Writ petition is accordingly dismissed. **Sd/-** ## **sab** **AMIT RAWAL JUDGE** **9** ## **WP(C) NO. 6778 OF 2022** ## **APPENDIX OF WP(C) 6778/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF NAVODAYA VIDYALAYA SCHEME PUBLISHED BY THE 2ND RESPONDENT - Exhibit P2 TRUE COPY OF LETTER DATED 28.01.2022 COMMUNICATED FROM THE OFFICE OF 6TH RESPONDENT - Exhibit P3 TRUE COPY OF CERTIFICATE DATED 07.02.2022 ISSUED FROM MEPPAYUR GRAMA PANCHAYATH ALONG WITH ITS ENGLISH TRANSLATION - Exhibit P4 TRUE COPY OF CERTIFICATE ISSUED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION Exhibit P5 TRUE COPY OF REPRESENTATION DATED 07.02.2022 FILED BY THE FATHER OF THE PETITIONER BEFORE THE 6TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION Exhibit P6 TRUE COPY OF JUDGMENT DATED 09.02.2022 IN W.P.(C).NO.4209 OF 2022 PASSED BY THIS HONOURABLE COURT Exhibit P7 TRUE COPY OF ORDER DATED 24.02.2022 PASSED BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF JUDGMENT IN SANTOSH KUMAR AND ANOTHER VS. RASHTRIYA SHAIKSHIK ANUSANDHAN AUR PRASHIKSHAN PARISHAD, NEW DELHI AND OTHERS REPORTED IN 1988 KHC 1523 PASSED BY THE HONOURABLE HIGH COURT OF ALLAHABAD