- 1 - NC: 2025:KHC:1577 WP No. 9356 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.9356 OF 2023 (EDN-EX) BETWEEN: V.M. SAI TEJASWI D/O. SRI MANJUNATH .V AGED ABOUT 11 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN – FATHER SRI MANJUNATH .V S/O. LATE V. GANGADHAR, R/O. Y.N. HALLI, Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, SIDDAPURA, TUMAKURU DIST. – 572141. ... PETITIONER (BY SRI NAGARAJA M., ADVOCATE) AND: 1. THE UNION OF INDIA, REPRESENTED ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION & LITERACY, NO.124-C, SHASTRI BHAVAN, NEW DELHI – 110001. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRPERSON SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI – 110092. 3. NAVODAYA VIDYALAYA SAMITI, REP. BY ITS COMMISSIONER, AN AUTONOMOUS ORGANISATION UNDER MINISTRY OF EDUCATION (DEPARTMENT OF SCHOOL EDUCATION AND LITERACY) HEAD OFFICE AT B-15, INSTITUTIONAL AREA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1577 WP No. 9356 of 2023 SECTOR 62, NOIDA, UTTAR PRADESH – 201307. 4. NAVODAYA VIDYALAYA SAMITI (HYDERABAD REGION) REP. BY THE DEPUTY COMMISSIONER, AN AUTONOMOUS ORGANISATION UNDER MINISTRY OF EDUCATION (DEPARTMENT OF SCHOOL EDUCATION AND LITERACY) NALAGANDLA ROAD, GOPANAPALLY, RANGAREDY DIST., HYDERABAD – 500046. 5. THE DEPUTY COMMISSIONER, TUMAKUR DIST, TUMAKURU – 572202. 6. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALA, GOLLAHALLI, URDIGERE POST, TUMAKURU TQ. AND DIST. – 572140. ... RESPONDENTS (BY SRI GOWTHAMDEV C. ULLAL, ADVOCATE FOR R-1, R-3, R-4 & R-6; SMT. MAMATHA SHETTY, AGA FOR R-5; SRI SHAILENDRA, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT TO THE R-2 TO 4, TO ISSUE HER ADMIT CARD / ADMISSION TICKET FOR THE JAWARHAR NAVODAYA VIDYALA SELECTION TEST (JNVST)-2023 SCHEDULED TO BE HELD ON 29.04.2023 AND ALLOW THE PETITIONER-V.M.SAI TEJASWI TO WRITE THE EXAM IN PURSUANCE OF APPLICATION REGISTRATION NO.10180600100 AS PER ANNEXURE-F. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:1577 WP No. 9356 of 2023 ORAL ORDER Learned counsel for the respondent files an affidavit along with the status report indicating that the petitioner has not taken admission in Class VI of the academic year 2023 pursuant to the interim order granted by this court on 28.04.2023 and the petitioner is presently pursuing her studies in Class-VII at Sainik school, Kodagu under UDISC Code 29250210910, which is evident from Annexure-VI produced along with the affidavit. The said affidavit reads as under: “2. I submit that the petitioner was issued with admit card dated 28.04.2023 in compliance of the interim order dated 25.04.2023. Subsequently this Hon’ble court passed oe more interim order on 25.07.2023 as follows: “Pursuant to the directions issued by this court, the result sheet was furnished before this Court in a sealed cover. The same was opened in the open court and it was found that the petitioner has secured 91.25%. Petitioner is claiming admission under Urban SC Quota. Therefore, respondents are hereby directed to ascertain whether the petitioner qualifies for admission under the open SC seat. If petitioner is found to be eligible - 4 - NC: 2025:KHC:1577 WP No. 9356 of 2023 and in terms of marks secured in the test is found to be meritorious, the respondents are hereby directed to admit the petitioner to the course which would be subject to the result of the writ petition. 4. Since the parent of the petitioner i.e., Father had not cooperated, an attempt was also made to deliver the letter by registered post. 3 letters were posted consecutively, to deliver the said post requesting the petitioner to join the school. The details of the said post is as follows: Sl. No. Details of Post Shara a RK622208967IN Insufficient address or no such person in the address b RK436751603IN No such person or addressee at c EK80936951 0 IN No such person or address cannot be located. 5. I submit that since the petitioner could not be served through registered post, an attempt was made by the school to serve the petitioners parents by hand the letter dated 02.11.2023, requesting the petitioner to joint the school and take admission. However, when the school authorities had visited the house of the petitioner, the petitioner parent nor the petitioner was available. However, her grand mother was present - 5 - NC: 2025:KHC:1577 WP No. 9356 of 2023 at home and the letter was served on her. True copy of the unserved RPAD letters with cover No.RK622208967IN, RK436751603IN, EK80936951 0 IN is herewith marked and produced as Annexures II, III and IV. True copy of the letter dated 2.11.2023 is herewith marked and produced along with the acknowledgment as Annexure-V. 6. It is humbly submitted that the petitioner Kum.Sai Thejaswi has not taken admission in Class VI for the academic year 2023 at JNV Tumkur where admission as offered through four times, 03 registered post to the address of Kum.Sai Tejaswi and through officials by hand to the residence of Kum.Sai Tejaswi following the interim order dated 25.07.2023 by the Hon’ble High Court of Karnataka. The petitioner is presently pursuing her studies in Class VII at Sainik School, Kodagu (UDISE CODE 29250210910) and as per the letter / report of BEO of Pavagada as such the petition filed by her becomes infructuous. True copy of the report dated 25.10.2024 is herewith Annexure-VI. 2. The affidavit is taken on record. 3. Learned counsel for the petitioner submits that subsequent events have transpired which made the - 6 - NC: 2025:KHC:1577 WP No. 9356 of 2023 petitioner to pursue her studies in Class VII at a different school. The fact remains that the petitioner has not availed the interim order granted by this court and she is pursuing her studies in Class VII Sainik School, Kodagu as indicated at para No.6 evidenced by Annexure-VI of the affidavit. In the light of the same, the present petition does not survive for consideration and accordingly, the petition is dismissed as having become infructuous. Sd/- ________________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 40