IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 950 (M/S) of 2009 Paras Raj Kotia & another …Petitioners Versus Union of India & others ...Respondents. Mr. M.C. Kandpal, Senior Advocate assisted by Mr. S.S. Chaudhary, Advocate for the petitioners. Mr. S.S. Chauhan, Advocate for Union of India/respondent no.1. Mr. B.S. Negi, Advocate holding brief of Mr. Gopal Narain, Advocate for respondent nos.2 & 3. Mr. Yogesh Pandey, Advocate for respondent no.4. Mr. Sushil Vashistha, Advocate holding brief of Mr. R.P. Nautiyal, Advocate for respondent no.5. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. By means of this writ petition the petitioners have sought direction to the respondent authorities to give admission to the petitioners in Class VI in Jawahar Navodaya Vidhyalaya, Gangarkot, Suyalbari, Nainital. 3. Brief facts of the case are that Jawahar Navodaya Vidhyalayas (for short JNV) were started in accordance with National Policy of Education 1986. These Vidhyalayas are educational residential schools under Financial and Administrative Control of Government of India through an 2 autonomous organization, Navodaya Vidhyalaya Samiti. Admissions in JNV are made through selection test at class VI level. Education is given to all students free of cost up to class VIII. Maximum 80 students are admitted in class VI in each Vidhyalaya through selection test subject to availability of suitable candidates. 75% of seats are kept reserved for the students belonging to rural area. Petitioners had applied for admission in Jawahar Navodaya Vidhyalaya, Gangarkot, Suyalbari, Nainital and appeared in the entrance test on 08.02.2009. They were selected under the category of Rural Scheduled Castes quota seats as the names of the petitioners figured at serial no.68 and 69 respectively of the select list issued by the Central Board of Secondary Education. In pursuance of the select list, the petitioners were informed about their temporary selection by the respondent no.4 and were asked to appear before respondent no.4 on 25.06.2009 at 02:00 p.m. for admission. The petitioners were asked to bring certificate regarding the location of the schools in rural area from where the petitioners passed their class III, class IV and class V examination because guidelines for admission provide that such students must have been studying in class III, IV and V in a school situated in rural area. The petitioners appeared before respondent no.4 on 25.06.2009 and submitted the certificate regarding location of the school. This certificate was issued by the Principal of the Universal Convent Secondary School, Kaladhungi, Nainital from where the petitioners passed their class III, class IV and class V examination and was counter signed by 3 the District Education Officer, Nainital. The petitioners were asked to bring valid certificate issued by the competent authority i.e. Tehsildar or Block Development Officer. At this, the father of both the petitioners submitted two separate applications before respondent no.4 informing him that certificates regarding rural area shall be produced by them on 06.07.2009. 4. Learned counsel for the petitioners submitted that the petitioners were not at fault and infact their application forms were forwarded by the Principal of Universal Convent Secondary School, Kaladhungi, Nainital where they studied upto class V. He argued that once the certificate was issued by the Principal which was counter signed by the District Education Officer, it will be assumed that the school from where the petitioners passed their class V examination is situated in rural area. He further submitted that the petitioners are entitled for provisional admission as this Court has also granted such permission in writ petition no.949/2009. Order passed in writ petition no.949 (M/S) of 2009 is being quoted below:- “Sri M.C. Kandpal, Senior Advocate assisted by Sri S.S. Chaudhary, Advocate for the petitioners. Sri K.P. Upadhyay, learned Additional Chief Standing Counsel for the State of Uttarakhand. As an interim measure, it is directed that in case there are seats presently vacant either under the urban quota or under the rural quota, the petitioners shall be given a provisional admission on the said seats. 4 It is clarified that this interim relief is being given on the strength of the averment made by the learned counsel for the petitioners that they have already been selected for admission under the rural quota. However, it is clarified that this admission will be subject to the final decision of the writ petition. Sd/ -S.D. J. 31/07/2009” Learned counsel for the petitioner further submitted that seats are still vacant in Navoday Vidhyalya, Gangarkot and petitioners can be given admission against these seats. 5. Learned counsel for respondent no.4 submitted that the Universal Convent Secondary School, Kaladhungi, from where the petitioners passed class V, is not situated in rural area. In support of his submission he referred a letter dated 25.06.2009 written by the Block Education Officer, Kotabagh to respondent no.4 in which it is written that the Universal Convent Secondary School, Kaladhungi is situated in urban area. By this letter Block Education Officer requested respondent no.4 to take further action regarding admission in Jawahar Navodaya Vidhyalaya by treating the petitioners under urban area. He argued that in view of this letter the petitioners cannot be granted admission under Scheduled Castes Rural Area Category. Learned counsel for respondent no.4 also opposed grant of provisional admission to the petitioners on the ground that guidelines for Orientation Programmes Jawahar Navodaya Vidhyalaya Selection Test, 2009 clearly prohibits provisional admission. 5 These guidelines clearly provide that no provisional admission is to be given to any candidates on the permission and submission of any certificate later on, or due to any such other reason. 6. On 25.09.2009 this Court asked Mr. K.P. Upadhyay, Additional Chief Standing Counsel to inquire about the location of the Universal Convent Secondary School, Kaladhungi, Nainital. Today Mr. K.P. Upadhyay informed the Court that Universal Convent Secondary School, Kaladhungi, Nainital is not situated in rural area. 7. Thus, from the letter of Block Education Officer, Kotabagh and also from the statement of Additional Chief Standing Counsel it is clear that Universal Convent Secondary Schoool, Kaladhungi, Nainital is not situated in rural area. Since the petitioners have not passed their class III, class IV and class V examination from a school situated in rural area, no direction can be issued to the respondents to grant admission to the petitioners under Rural Area Scheduled Castes Category. 8. The writ petition is dismissed accordingly. No order as to costs. (V.K. Bist, J) 07.10.2009 Arti