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2025 DAILYLAW 77276 (KAR)

DEEKSHITHA. T. M. v. GOVERNMENT OF INDIA

WP/29072/2025 · 2025-11-03

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29072 OF 2025 (EDN-RES) BETWEEN: DEEKSHITHA. T. M. D/O MANJUNATH.T.S, AGED ABOUT 11 YEARS, R/AT TEJUR VILLAGE, HALLI MYSORE POST, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 210. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN/FATHER MANJUNATH T.S S/O SHIVAPPA, AGED ABOUT 45 YEARS, R/AT TEJUR VILLAGE, HALLI MYSORE POST, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 210. …PETITIONER (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: 1. GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT, (DEPARTMENT OF SCHOOL EDUCATION AND LITERACY), SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI-110001. REP BY ITS CHIEF SECRETARY. 2. NAVODAYA VIDAYALAYA SAMITI, HEAD QUARTERS, AUTONOMOUS ORGANIZATION UNDER UNION MINISTRY OF HRD, (DEPARTMENT OF SCHOOL EDUCATION AND LITERACY), GOVERNMENT OF INDIA, B-15, INSTITUTIONAL AREA, SECTOR 62, NOIDA, UTTAR PRADESH – 201 307. REP BY ITS COMMISSIONER. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 3. NAVODAYA VIDYALAYA SAMITI, (HYDERABAD REGION) NAIAGANDLA ROAD, GOPANPALLY, RANGAREDDY DISTRICT, HYDERABAD-500 107. REPRESENTED BY ASSOCIATE COMMISSIONER (ACAD). 4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, HASSAN DISTRICT, MAVINAKERE, HOLENARASIPURA TALUK, HASSAN DISTRICT -573 211. 5. THE DEPUTY COMMISSIONER, DC OFFICE, B M ROAD, RANGOLI HALLA, HASSAN DISTRICT – 573 201. 6. VEDANTH.B.G, AGED ABOUT 11 YEARS, S/O PUNITHA KUMARI.B.S C/O JAWAHAR NAVODAYA VIDYALAYA, HASSAN DISTRICT, MAVINAKERE, HOLENARASIPURA TALUK, HASSAN DISTRICT -573 211. …RESPONDENTS (BY SMT. RESHMA THAMMAIAH, CGC, FOR R-1 TO R-4 SRI. MANJUNATH.K, HCGP FOR R-5 SRI. ABHISHEK.R. HUDDAR, ADVOCATE FOR R-6) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO ADMIT THE PETITIONER TO CLASS VI OF THE R4 SCHOOL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “ a) Issue writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the Respondent Authorities to admit the petitioner to Class-VI of the 4th Respondent School. b) Grant such other relief that this Hon’ble Court may deem fit in the facts and circumstances of the matter.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner, who studied in Anugraha Vidya Samsthe, Hallimysuru, H.N.Pura Taluk, Hassan District from 1st Standard to 5th Standard, appeared in the entrance examination to get admission into the 4th respondent – Jawahar Navodaya Vidyalaya, Hassan District for 6th Standard under the Rural General Category (GM) and secured 87.5%. It is the grievance of the petitioner that despite repeated requests of the petitioner to admit her to 6th Standard in Holenarasipura Block (Block 7), the 4th respondent – School did not - 4 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 take any steps in this regard and as such, petitioner is before this Court by way of the present petition. 4. Per contra, learned counsel for the respondent Nos.1 to 4 has filed statement of objections as well as memo dated 03.11.2025 along with documents in order to point out that the total number of seats allocated/allotted to Holenarasipura Block (Block 7) was 16 and one Ruchitha Y.S., who had secured 91.25% was higher in Rural Open Category (GM), which was higher than the petitioner (87.5%) and Bhoditha G.Y., (90%) and since the said Ruchitha Y.S., was already selected and admitted as student/seat No.16 thereby filling up all the 16 seats, the petitioner is not entitled to any relief in the present petition, which is liable to be dismissed. 5. As rightly contended by the learned counsel for respondent Nos.1 to 4, the details of the seat allocation/allotment in relation to Holenarasipura Block (Block 7) comprising of a total number of 16 seats is as under: HOLENARASIPURA BLOCK(BLOCK 7) TOTAL NUMBER OF SEATS:16 Sl.No. Name of the Student Categ ory % Selected Quota Remarks 1. Mithun OBC 96.25 Open Selected & Admitted - 5 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 Unreserved 2. Dhanvitha G.L OBC 91.25 Open OBC Selected & Admitted 3. Tanvika G.M. OBC 91.25 Open OBC Selected & Admitted 4. Achyuth B.K SC 91.25 Open Unreserved Selected & Admitted 5. Shreyas S.L OBC 91.25 Rural OBC Selected & Admitted 6. Druvith T.R SC 86.25 Rural SC Selected & Admitted 7. Mithun.M.K SC 86.25 Rural SC Selected & Admitted 8. Chandrakanth a H.N. OBC 83.75 Rural OBC Selected & Admitted 9. Maneeth P SC 83.75 Rural SC Selected & Admitted 10. Harshika.A SC 83.75 Rural SC Selected & Admitted 11. Mownaroopa H.P SC 80 Rural SC Selected & Admitted 12. Sanvi S SC 77.5 Rural SC Selected & Admitted 13. Parivarthana SC 77.5 Rural SC Selected & Admitted 14. Indrajith.A Gener al 92.5 Rural Open Selected & Admitted 15. Bhoomika D Nanda Gener al 91.25 Rural Open Selected & Admitted 16. Ruchitha Y.S Gener al 91.25 Rural Open Selected & Admitted 16. Bhoditha G Y Gener al 90 Rural Open If Ruchitha Y.S. takes TC then Bodhitha will be considered under Rural Open Category 16. Deekshitha T.M. Gener al 87.5 Rural Open If Bodhitha is also unwilling to join then Deekshitha T.M. will be considered under same Rural Open Category. - 6 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 6. As can be seen from the aforesaid details, all 16 students have been selected and admitted to 16 seats which is the maximum number of seats permitted in respect of Holenarasipura Block (Block 7) and seat / student No.16 is one Ruchitha Y.S., who has secured 91.25%, which is more than the petitioner herein, who has secured only 87.5%; in fact, one more student Bhoditha G.Y, has also secured 90%, which is more than 87.5% secured by the petitioner; further, nothing is placed on record to indicate that the aforesaid Ruchitha Y.S., has taken TC or that the aforesaid Bhoditha G.Y., is unwilling to join the 4th respondent School. In this context, it is pertinent to note, two other students viz., Indrajith A has secured 92.5% and Bhoomika D. Nanda has secured 91.25% and they have been selected and admitted as Student Nos.14 and 15 respectively, also under the Rural Open Category to the 4th respondent - School. It follows therefrom that in the event any of the aforesaid Indrajith A or Bhoomika D. Nanda or Ruchitha Y.S., take TC from the 4th respondent – School and also the aforesaid Bhoditha expresses her unwillingness to join / get admitted to the 4th respondent – School, necessary directions are to be issued to the respondents Nos.1 to 4 to admit the petitioner to the 4th - 7 - HC-KAR NC: 2025:KHC:44276 WP No. 29072 of 2025 respondent. Under these circumstances, the petition deserves to be disposed of accordingly by issuing certain directions. 7. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) It is directed that in the event any of the aforesaid Indrajith A or Bhoomika D. Nanda or Ruchitha Y.S., take TC from the 4th respondent – School and also the aforesaid Bhoditha G.Y., expresses her unwillingness to join / get admitted to the 4th respondent – School, as can be seen from the details of the seat allocation/ allotment mentioned in the body of the order, the concerned respondents are directed to take necessary steps to grant admission to the petitioner towards the said vacancy immediately without any delay. Subject to the aforesaid directions, petition is disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/MDS List No.: 3 Sl No.: 3