1 2025:CGHC:44740 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Judgment reserved on: 25.08.2025 Judgment delivered on: 02.09.2025 WPC No. 3528 of 2025 1 - Anukalp Gupta (Minor) S/o Shri Ajay Kumar Gupta, Aged About 11 Years Being A Minor Is Filing The Writ Petition, Through His Father I.E. Shri Ajay Kumar Gupta, S/o Ram Prasad Gupta, Aged About 43 Years, R/o Ward No.7, Durga Mandir Road, Marwahi, Bilaspur Chhattisgarh 495118 ... Petitioner(s) versus 1 - Union Of India Through Ministry Of Education Department Of School Education And Literacy, Address C Wing, Shastri Bhawan, Dr. Rajendra Prasad Rd. Rajpath Area, Central Secretariat, New Delhi, Delhi 110001 2 - Jawahar Navodaya Malhar, Bilaspur, Through Its Principal, Address Malhar, Bilaspur, Chhattisgarh 495551 ---- Respondent For Petitioner : Mr. M.P.S. Bhatia, Advocate For Respondent/UOI : Ms. Shewta Rai, Adv. on behalf of Mr. Ramakant Mishra, DSGI Hon'ble S hri Arvind Kumar Verma, Judge C.A.V. Judgment 1. By way of instant Petition, the petition is seeking following relief(s);- A. That the Hon’ble Court may kindly be pleased to call the entire records of the case for its kind perusal, in the ends of justice. Digitally signed by JYOTI JHA Date: 2025.09.03 11:03:29 +0530 2 B. That, in the light of facts and submissions of the writ petition the Hon’ble Court may most kindly be pleased to issue a writ, order or direction in the nature of mandamus directing the respondents in particular the respondent No. 2 to grant admission to the petitioner in Class-VI in the above mentioned school operated by respondent No. 1. C. That the Hon’ble High Court may kindly be pleased to award the cost of the petition and any other alternative, additional writ in favour of the petitioners in the ends of justice. 2. Learned counsel for the petitioner submitted that petitioner has applied for the admission in class - VI in the school of Resp. No. 2 Jawahar Navodaya Vidyalaya Malhar, Bilaspur, whereby the petitioner got selected for the admission in open category Rural Area as per the Rules of the Admission for the school of Resp. No. 2 i.e. Clause 3 (3) of the Notice which says that a certificate is required to be submitted by the petitioner that, the child had studied class 3, 4 and 5 from a school which is located in rural area. It is humbly submitted that the petitioner studied and passed class 3, 4 and 5 from a school which was earlier recognized as rural but during the period of his study in 5th class, the status of the locality was changed from rural to urban. 3. Learned counsel for the petitioner further submitted that the petitioner earlier had studied at Swami Atmanand Government School of Excellence, Marwahi, Dist.- Gaurela-Penndra-Marwahi (C.G.) in class III, IV and V. The school in which the petitioner was studying in class- III came under Rural area but now it is being considered under urban area. The petitioner while going through 3 the admission process in the respondent No. 2/School was told that the Swami Atmanand Government School of Excellence, Marwahi, Dist. Gaurela-Pendra-Marwahi (C.G.) is now under Urban area as per the notification of the Government of Chhattisgarh which was earlier a Rural area. The category for the area for the admission of the petitioner was displaying only for the Rural Area Quota, hence while submitting the form for the admission in Class-VI with the Resp. No.2 the petitioner submitted the form under Rural Area Quota itself. He further submitted that the petitioner was orally told that his application will not be considered even if his name is in the selection list, then the petitioner has given a representation dated 02.07.2025 regarding consideration of the admission in class- VI. The petitioner has made request by way of representation (Annexure P-4) to the respondent No. 2 for granting him admission on the basis of the selection list but no decision has been taken by them on the representation of the petitioner. Hence this petition. 4. Learned counsel for the petitioner further submitted that under Article 21A of The Constitution of India as a fundamental right- Right to Education is granted to all the citizens of India The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory 4 Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a Fundamental Right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. 5. Learned counsel for the respondents submitted that the petitioner was student of Swami Atmanand Government English Medium School (SAGES) which is governed by Chhattisgarh State Government, hence in the current petition SAGES is a necessary party. 6. Learned counsel for respondents submitted that the petitioner had applied for admission in Class VI Jawahar Navodaya Vidyalaya, Malhar, Bilaspur and applied for admission in open category Rural Area as per the Rules of the Admission for the school i.e., Clause 3 (3) of the Notice states as: 3. All the following documents, as notified by NVS are to be submitted at the time of admission for verification:- Proof for date of Birth Passing Certificate of class V from the district concerned. For candidates seeking admission under rural quota, the parents will also have to submit a certificate from the competent authority to the effect that the child had studied class III, IV & V in an institution/School located in a rural area. 7. Learned counsel for the respondent further submitted that the Petitioner had applied for admission under rural area, therefore, as 5 per the clause 3(3) of NVS Notice, the parents of the student had to submit the document declaring the area in which the petitioner studied come under Rural area. This point is not denied by the respondents that petitioner has selected for admission for class VI in JNV but the student has to fulfill the Norms/Conditions required for admission process. The admission process is done via online process, and all those candidates who are interested for taking admission has to fulfill all the conditions notified as per NVS Norms. The petitioner applied and got selected for admission in Class VI under open rural category, at the time of document verification it came to knowledge that, SAGES MARWAHI is now "Urban area" and not "Rural area". Hence, the petitioner's admission cannot processed under the open rural area category. 8. I have heard learned counsel for the parties and perused the pleadings and prayers made in the petition and documents available on record. 9. On perusal of records, it transpires the fact that the petitioner has applied for the admission in Class-VI in the school of respondent No. 2 Jawahar Navdaya Vidyalaya Malhar, Bilaspur, whereby the petitioner got selected for the admission in open category Rural area as per the rules of the admission for the school of Respondent No. 2. The petitioner earlier had studied at Swami Atmanand Government School of Excellence, Marwahi District Gaurela Pendra Marwahi (C.G.) in class -III, IV and V which at the time of the petitioner 6 studying at class -III came under Rural area. The petitioner while going through the admission process and formalities came to the knowledge that the SAGSE Marwahi is now under Urban area as per the notification of the Government of Chhattisgarh which was earlier a rural area. However, the category for the area for the admission of the petitioner was displaying only for the rural area, hence while submitting the form for the admission in Class- VI with the respondent No. 2 the petitioner submitted the form under Rural area instead of Urban area and on account of which the petitioner came to know verbally that his application will not be considered even if his name is in the selection list. 10. The Hon’ble Supreme Court held in the case of State of Tamil Nadu vs. Shyam Sunder, AIR 2011 SC 3470 that “Right of a child should not be restricted only to free and compulsory education, but should be extended to have quality education without any discrimination on the ground of their economic, social and cultural background. 11. On perusal of the mark-sheets, it reflects that the petitioner is a meritorious student which is very much visible from the mark- sheets of Class -III, IV and V vide Annexure /2. However, only in the name of change in the status of the School of the petitioner from the rural to the urban the respondents cannot discriminate especially neither the address/residence of the petitioner has changed nor the address of the school has changed. Thus denial of 7 admission to the petitioner, who is otherwise qualified cannot be justified. 12. In view of above, this Court is of the opinion that from the date of selection list related to admission i.e. 11.06.2025 till today, more than two months have been lapsed and if the petitioner has not been granted admission in the aforesaid school, then he would be deprived from the better education resulting into ill-effect to his future endavors. The petitioner is 12 years student. Therefore, the concerned respondent No. 2 is directed to provide admission to the petitioner in class-VI (for session 2025-2026) in the school of respondent No. 2 forthwith. 13. Accordingly, the present writ petition stands allowed and disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti