IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12306 of 2009 Between: M. Jaswanth S/o. M.V. B. Subramanyam M.V.B. Subramanyam R/o. Dattirajeru Mandal, Vizianagaram District. ..... PETITIONER AND 1 The Commissioner, Navodaya Vidyalaya Samithi Kailash Colony, New Delhi. 2 The Principal , Jawahar Navokdaya Vidyala Kiltampalem, Vizianagaram District. ....RESPONDENTS Petition Under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the respondents in denial of admission to the petitioner in to VI th class in 2nd respondent School by treating the petitioner as urban student as illegal, violative of principles of natural justice and unconstitutional and consequently direct the respondents to admit the petitioner in to VIth Class in the 2nd respondent school by treating rural student Counsel for the Petitioner: SRI Y.RAVEENDRA KUMAR Counsel for the Respondent No.: SMT.CHINTALAPUDI LAKSHMI KUMARI The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12306 of 2009 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents in denying admission to the petitioner into VI Class in Jawahar Navodaya Vidyala by treating the petitioner as urban student is arbitrary and illegal. It is stated that the petitioner applied for admission into VI Class under general quota and appeared for the entrance test on 08.02.2009. It is contended that though he fared well in the entrance test, he was not selected for admission since the respondents had erroneously considered his case under the seats earmarked for urban quota. Hence the present writ petition. Smt Ch. Lakshmi Kumari, who accepted notice for the respondents under instructions stated that the petitioner did not secure the minimum qualifying marks in the entrance test and therefore, he was not selected. Even with regard to the quota fixed for urban candidates and the rural candidates, it is to be noted that the petitioner had studied IV Class in urban area and his application shows that he had studied only III and V Classes in rural area. As such, as per the prospectus of the Jawahar Navodaya Vidyala Selections, the petitioner cannot be considered as a rural candidate. Therefore, the impugned action of the respondents in not considering the petitioner’s case under the 75% seats meant for rural candidates cannot be held to be arbitrary or illegal. Accordingly the writ petition is dismissed. No costs. _____________ G.ROHINI, J Date: 07-07-2009 YVL/KLP