IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16288 of 2007 VIRENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 6/ 26/8/2008. Heard learned counsels for the petitioner, for the State of Bihar and for respondent Nos.6 and 7. The petitioner, who is the father of the minor girl in question seeking admission to the Jawahar Navodaya Vidyala, is before this Court aggrieved by denial of admission to his daughter despite her having competed in the competitive selective examination as informed by letter dated 19.6.2007 of the school. Learned counsel for the petitioner submits that his daughter has passed Class-5 examination in March-2007 from the Utkramit Madhya Vidyalaya, Madari. She applied in accordance with prescribed procedures when admit card was issued and she competed at the written examination. She was then issued a call for producing original documents when she appeared before the authorities , but the admission remains elusive. It was subsequently learnt that admission was being denied on the basis of a complaint made by a co-villager namely Deepak Kumar that the daughter of the petitioner was a student of Class-8 of the Middle School, Bhadausi and, therefore, the petitioner had played truant in order to gain benefit of “Poshahar” granted by the Government by having his daughter shown as having secured admission to the Utkramit Madhya Vidyalaya, Madari. The District Magistrate, on this complaint passed an order dated 7.10.2007 holding that the daughter of the petitioner was not eligible for - 2 - admission to the Jawahar Navodaya Vidyalaya and that it was a fit case for lodging a criminal prosecution which was being desisted since the career of the minor child may get affected. Learned counsels for the school and the State have contended that admission to Class-6 in the Jawahar Navodaya Vidyalaya was restricted to persons who had completed Class-5 course and who had taken admission in Class-5 prior to 30th of September, 2006. The daughter of the petitioner on the relevant date was a student of Class-7 at Madhya Vidyalaya, Bhadausi and therefore she was not eligible for appearing at the examination, much less for admission. That in view of the report of facts of the District Magistrate, it was not possible to grant admission. In any event, the petitioner was only desirous to have his daughter admitted in the Jawahar Navodaya Vidyalaya because of certain benefits given to the students under Government schemes in the said school which was not available elsewhere. In this controversy, the Court foremost bears in mind the question of education and career of the minor child. She is not the player, but the victim. One fact apparent is that the minor child has sat through a competitive examination and displaying her skills from amongst others has obtained success. This Court is not persuaded to that easily deprive her of the said benefit which shall surely affect her future morale. There are no allegations of any misconduct or misdemeanour by her during the examination or of having adopted any unfair means for succeeding in the examination. To this Court, the qualification prescribed for appointment - 3 - to Class-6 was that “a person must have passed Class-5”. To read it in a manner that it is only a person who has immediately passed Class-5 before 30.9.2006 could get admission in Class-6 shall be unreasonable and destructive of a right of the student to get education and to improve his or her own grades. A student may have studied up to Class-8, but with poor grades. If such a student decides to repeat a class by going back to a lower class with all its attendant consequences in future can it be argued that the person is not eligible for re-admission in the lower class to improve the grades. Even if the controversy in the present case be accepted, that the petitioner’s daughter was a Class-8 pass student, to reach Class-8 she has passed class-5. On the own showing of the respondents she fulfills the requirement of being a Class-5 pass student. This Court is not persuaded to read down the prospectus that only students who may be physically present in Class-5 class room on 30th of September, 2006 were eligible for appointment to Class-6. The Court considers it proper to take this view and this reasoning for the fact that minor girl child has been made a victim of machination by a busybody, who, perhaps, has no concern with her education and is not bothered about whether she remains illiterate and uneducated or is unable to obtain education from a school of a quality for which she has laboured and has succeeded in a competitive examination. The Court is satisfied that to raise the issue of her eligibility on an application by such a busybody shall be violative of her fundamental right to have education in an institution of her choice - 4 - where she has competed on her own merit. Nothing has been placed by either of the parties before this Court of any restriction in age for admission to Class-6 under the regulations of the school in question. The session for which the petitioner’s daughter was granted admission is also over. Learned counsel for the petitioner submits that he is willing to have his daughter admitted in Class-6 in the next academic session despite the fact that she may lose a year. This Court, therefore, directs the respondent Jawahar Navodaya Vidyalaya to consider grant of admission to the daughter of the petitioner in pursuance of her success in the written examination as communicated by order dated 19.6.2007 in the next academic session in Class-6. This shall, however, be subject to any regulations that the Vidyalaya may have with regard to age restrictions for admission into Class-6. The writ application is allowed with the directions as contained hereinabove. KC ( Navin Sinha,J )