Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC
Live LawThe Patna High Court has passed an order overturning the decision of the Jawahar Navodaya Vidyalaya rejecting admission to a group of minor students, who had been shortlisted through a full fledged selection process, on the basis that they were not residents of the district in which the school was situated. The school, through a letter addressed to the parents, gave three reasons for rejecting the admission of the petitioners: “firstly, selection in the test did not guarantee admission; secondly, their candidature was solely rejected due to their parents not being residents of the district where the JNV is located, even if they were selected in the test; and thirdly, the Bombay High Court's ruling … stated that the petitioner must be a resident of the same district where the JNV is located and seeking admission.” It must be noted that a division bench of the Bombay High Court in Shubham Vijay Patil and Ors. v. The Navodaya Vidyalaya Samiti had held that “…candidate seeking admission to the JNV must satisfy the twin test he must be studying in class V in Government/Government aided or other recommended schools or B Certificate Competency Course of NIOS in the same District where the JNV is situated and he must be resident of the same district where the JNV is situated and is seeking admission.” Counsel appearing for the Petitioners argued that the Division Bench judgement of the Bombay High Court does not have a binding effect on the other high courts and it only has a persuasive value. While referring to the prospectus issued by the respondent school, the court held, “In the Chapter ‘Selection and Admission’ the requirement is limited to the fact that the child was studying in class Vth from the school which was located in the same district where the admission in JNV is sought.” While referring to the rules of interpretation, the court held, “In Kehar Singh Vs. State, 1988 SCC 609, the golden rule was stated by Jagannath Shetty, J. as “the grammatical or literal meaning unmindful of consequences”. Justice Sharma, while referring to the Bombay High Court judgement, observed, “that while the prospectus required Class 'X' students to have studied in a school located in the same district from class-III to class-V, there was a different requirement for Class 'Y' students, who were required to submit a residence certificate of their parent attested by the concerned SDM/Tehsildar.
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