Allowed

Chhaya v. Union of India 2 Others

Allahabad HC6 Jan 2020WRIC/33738/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking admission in Class 6th at a Jawahar Navodaya Vidyalaya. The petitioner cleared the selection test but was refused admission due to a misunderstanding regarding her school's recognition status, which was later clarified as valid.

What did the court decide?

Direction to the Principal of the Jawahar Navodaya Vidyalaya to admit the petitioner in Class 6 for the session 2019-20 within two weeks.

Chhaya Vs Union of India 2 Others — Education and Admissions | Allahabad HC (2020)

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Court No. - 54

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Case :- WRIT - C No. - 33738 of 2019

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Petitioner :- Chhaya Respondent :- Union Of India 2 Others Counsel for Petitioner :- Jawahir Yadav Counsel for Respondent :- A.S.G.I.,Rajesh Tripathi,Vimla Prasad

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Hon'ble Rajiv Joshi,J.

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Heard Sri Jawahir Yadav, learned counsel for the petitioner, Sri Rajesh Tripathi, learned counsel for the respondent nos. 2 and 3 and Sri Vimla Prasad, learned Standing Counsel for the respondent no.4.

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Present writ petition has been filed for the issuance of writ of mandamus commanding the respondent no.2 to take the admission of the petitioner in Class 6th in Jawahar Navodaya Vidyalaya, Ghaziabad for the session 2019-20.

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It reflects from the record that the petitioner applied for admission in Class 6th and admit card was issued to her. Subsequently, she was selected in the examination test but refused orally by the respondent no.2.

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In paragraph 27 of the counter affidavit filed on behalf of respondent no.2, it is stated that the institution namely, Akash Public School, Dasna, Ghaziabad, from where the petitioner has passed the Class 5th examination, is not recognized and therefore, she is not entitled to get the admission in Jawahar Navodaya Vidyalaya as per the norms and provisions of Jawahar Navodaya Vidyalaya Selection Test (JNVST).

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In paragraph 12 of the counter affidavit filed on behalf of respondent no.4-District Magistrate, it is stated that vide office letter no. Ashu./6424 dated 3.10.2006, the recognition was given to Akash Public School, Dasna, Ghaziabad upto Class 1 to 5 and again, by office letter no. Sh.Sa./1761-62/2018-19 dated 30.3.2019, the renewal of the recognition of institution has been made.

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From the annexure, appended as Annexure CA-2 and CA-3, it is apparent that the institution namely, Akash Public School, Dasna, Ghaziabad is a recognized institution at that particular period of time and it appears that due to some misunderstanding between the state educational authorities and the respondent no.2-Jawahar Navodaya Vidyalaya, the petitioner could not be

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admitted in Class 6, although she is entitled for the admission.

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Under these circumstances, the writ petition succeeds and is, allowed with a direction to the respondent no.2-Principal, Jawahar Navodaya Vidyalaya, Amirpur Badayala, Post Kalchina, District Ghaziabad to admit the petitioner in Class 6 for the session 2019-20, as expeditiously, as possible within two weeks from today.

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Order Date :- 6.1.2020 Noman

Chhaya v. Union of India 2 Others

Case brief

What is this about?

What did the court decide?

Chhaya v. Union of India 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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