The Allahabad High Court has sought the response of Navodaya Vidyalaya Samiti on a petition against denial of admission to a child, who has passed Class 5 in Class 6, due to gap of one year.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji passed this order, while hearing a Criminal Appeal filed by a minor.
The petitioner said he has completed his Class V for academic session in 2019-20. After a gap of one academic session, he applied for admission in Jawahar Navodaya Vidyalaya, Barua Sagar, District Jhansi in Class VI for academic session 2021-2022.
A pre-admission test was conducted in August, 2021 and the result was declared in September, 2021 in which the petitioner ranked 22nd in merit list and thus was selected for admission.
However, admission was denied to him assigning the reason that as per prospectus issued by the Navodaya Vidyalaya Samiti (NVS), for the admission in Class VI in academic session 2021- 22, those students who were studying in Class V during academic session 2020-21 are eligible to apply and since the petitioner has already completed his Class V in academic session 2019-20, therefore, admission cannot be granted to him as he does fulfil the eligibility rules as per NVS admission policy.
The aforesaid reason was communicated to the petitioner by the Principal of Jawahar Navodaya Vidyalaya, Jhansi letter dated December 15, 2021 in pursuant to the order passed by the Court dated November 27, 2021.
Aggrieved with the said order, the petitioner filed a writ which has been dismissed by the Single Judge by the order dated January 20, 2022. Aggrieved with the said order, the petitioner has filed the special appeal.
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“The question that arises for consideration in the special appeal is that as to whether a student who completed his Class V in academic session 2019-20, is eligible to apply for admission in Jawahar Navodaya Vidyalaya for Class VI for academic session 2021-22.
The second question that would arise is what are the consequences if there was an error in application form wherein academic session for Class V was filled up as 2020- 2021 instead of 2019-20″
-the Court said.
The Court granted a week’s time to the respondents to file a counter affidavit annexing therewith copy of the prospectus and the relevant rules and regulations relating to admission and eligibility of a student to apply for admission.
The Court has fixed the next hearing of the petition on March 8 2022.