IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 16914 of 2009 Between: Master Gugulothu Sasikumar, S/o. G. Yellaiah, R/o. Gurijala Village (Bheemla Thanda), Chennaraopeta Mandal, Warangal District, Rep by his father G. Yellaiah, S/o. Halye, aged 36 years ..... PETITIONER AND 1 Navodaya Vidyalaya Samithi, Ministry of Human Resources Development, Department of School Educational and Literacy, Government of India, A- 28, Kailash Colony, New Delhi - 110 048, Rep by its Commissioner 2 Navodaya Vidyalaya Samithi (NAVSAM), H.No. 1-1-10/3, Sardar Patel Road, Secunderabad, Rep by its Deputy Commissioner 3 Jawahar Navodaya Vidyalaya, Mamnoor, Warangal District, Rep by its Principal .....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 of mandamus declaring the action of the respondents in not admitting the petitioner in 6th Class in the 3rd respondent institution though the petitioner belongs to Scheduled Tribe community meritorious student secured with highest marks in open category in the Selection Test, 209, as arbitrary, illegal, unjust and violation of articles 14 and 15 of the constitution of India, and direct the respondents to give admission to the petitioner in 6th Class in the 3rd respondent institution, forthwith. Counsel for the Petitioner: MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondents: MR.SRINADHA RAO NAMA The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.16914 of 2009 Order: The petitioner, who is a minor, represented by his natural Guardian-father, filed this writ petition, inter alia stating that he belongs to Scheduled Tribe Community and that he studied 4th and 5th Classes in Kakatiya Brilliant Stars High School (English Medium), Rudragudem Village, Nallabellii Mandal, Warangal District. The petitioner states that pursuant to the notification issued by respondents 1 and 2, Navodaya Vidyalaya Samithi, for selection and admission into VI Class in Jawahar Navodaya Vidyalaya, the third respondent herein, for the academic year 2009, he made an application duly complying with all the necessary formalities/guidelines and appeared for the test. He further states that he received a communication, dated 23.06.2009, informing him that he is qualified in the written examination and directing him to appear on 02.07.2009 at 12.00 noon with all necessary documents mentioned in the communication. Accordingly, the petitioner claims to have approached the third respondent. While so, it is the case of the petitioner that he received proceedings, dated 17.07.2009, directing him to submit all the necessary documents and report at 11.00 am on 23.07.2009, as he failed to appear on 03.07.2009, though there is no such direction to appear on 03.07.2009. Now, it is the grievance of the petitioner that the third respondent denied his admission on the ground that he studied 1st to 3rd Classes in an unrecognized school and even though he made a representation on 29.07.2009 to the District Collector, Warangal, in this regard requesting him to recommend his case for admission, in vain. Hence, the present writ petition. At the hearing, it is submitted by the learned Additional Standing Counsel for Central Government appearing for the respondents that for admission into the third respondent-School, respondents 1 and 2 have taken a policy decision to the effect that a student must have studied and passed 3rd, 4th and 5th Classes in a Government / Government Aided/ Recognized / Accredited Institution /Sarvasiksha Abhiyan/ NIOS School spending one full academic session each year and admittedly, as the petitioner studied 4th and 5th classes in Kakatiya Brilliant Stars High School (English Medium), Rundragudem Village, Nallabelli Mandal, Warangal District, which is not a recognized School, his admission into the third respondent-School was denied. Heard the learned counsel for the petitioner and the learned Additional Standing Counsel for Central Government appearing for the respondents. At the outset, it is to be noted that it is the policy decision of respondents 1 and 2 that for admission into the third respondent-School, one must have passed 3rd, 4th and 5th Classes in any Government / Government Aided / Recognized / Accredited Institution /Sarvasiksha Abhiyan/ NIOS School spending one full academic session each year and admittedly, the petitioner does not fulfill the said condition. Therefore, the relief as sought for by the petitioner in this writ petition cannot be granted. However, as the petitioner belongs to Scheduled Tribe Community and secured highest marks in the Selection Test, he is directed to make a representation to the authorities concerned seeking admission into the third respondent-School in any unfilled seats, and on such a representation being made, the respondents are directed to consider the case of the petitioner. With the above directions, the writ petition is disposed of, at the admission stage. No costs. ___________________ N.V. RAMANA, J. Date:20.08.2009 VGB