IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.885 of 2008 PRINCIPAL,JAWAHAR NAVODAYA VIDYALAYA, SHEKHPURA, P.S. SHEKHPURA DISTRICT – SHEKHPURA ………. APPELLANT Versus 1. VIRENDRA KUMAR S/O LATE RAM AWATAR SINGH, RESIDENT OF VILLAGE – BHADAUS, P.S. SHEKHPURA, DISTRICT – SHEKHPURA …RESPONDENT 1ST SET 2. THE STATE OF BIHAR 3. UNION OF INDIA, THROUGH SECRETARY HUMAN RESOURCES DEPARTMENT, NEW DELHI 4. THE DISTRICT MAGISTRATE, SHEKHPURA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SHEKHPURA 6. THE BLOCK EDUCATION EXTENSION OFFICER, SHEKHPURA, P.S. SHEKHPURA, DISTRICT SHEKHPURA 7. THE CHAIRMAN, NAVODAYA VIDYALAYA SAMITI, NEW DELHI …………. RESPONDENTS 2ND SET. ----------- For the appellants: Mr. J.P. Karn, Advocate For the respondent 1st set: Mr. Sanjeev Ranjan, Advocate 7 5/5/2009 Writ petitioner (respondent 1st set herein) approached this court contending that her daughter passed Class – 5th examination in March, 2007 from the Utkramit Madhya Vidyalaya, Madari. She wanted admission in appellant’s school, namely, Jawahar Navodaya Vidyalaya. She applied in accordance with prescribed procedures and Admit Card was issued and she appeared in the written test, in which she competed. She was asked to produce original documents but 2 admission was denied solely on the ground that as per the records she passed the 8th standard examination whereas the minimum qualification prescribed for admission in 6th standard is 5th standard examination pass. The District Magistrate conducted inquiry into the said matter and having found some foul held that the daughter of petitioner is not entitled for admission to 6th standard. Counsel for the petitioner contends that even if the petitioner’s daughter passed the 8th standard, there is no provision which disqualifies her in getting admission to 6th standard and also there is no any restriction in age for admission to 6th standard under the regulations of the school in question. Counsel for the appellant contends that petitioner’s daughter is not entitled for admission because as per the scheme only those students could have got admission to 6th standard who only passed only 5th standard and his daughter passed 8th standard and further in view of the finding of the District Magistrate also no relief can be granted to the petitioner. 3 It is submitted on behalf of the petitioner that the person who made complaint and on the basis of which admission was denied, is inimical to him. Further it is submitted that there is not dispute that date of birth of the minor girl is 13.11.1996 and if it is counted in March, 2007, she will be 10 years and 4 months and in view of this she cannot pass 8th standard . We have gone through the findings of the District Magistrate and it would not be justified to deny the admission to the minor girl of 10 years and 4 months age on the plea that she was earlier studying in higher class. Learned single judge has also found that the minor girl having passed the competitive examination would not have been denied the admission even if she was earlier studying in higher class. The learned Singe has observed as follows: “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 4 of her fundamental right to have education in an institution of her choice where she has competed on her own merit.” The learned Single Judge also has directed the respondent Jawahar Navodaya Vidyalaya to consider grant of admission to the girl in pursuance of her success in the written examination in the next academic session in 6th standard despite the fact that she may lose a year. We fully agree with view of the learned single judge that the daughter of the petitioner in pursuance of her success in the written examination is entitled to be considered for admission to 6th standard. Even if the minor girl passed higher examination that does not disqualify her to get admission in lower standard. Here Principal of the former school also gave certificate to the minor girl that she could pass 5th standard. By her age, she also cannot pass 8th standard examination at the age of 10 years. She is not debarred from admission to 6th standard by reason of her age. Considering the aforesaid fact, we are of the view that the order passed by the learned single does not require any interference by this court and , 5 accordingly, the appeal is dismissed. Neyaz/ (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.)