2026:HHC:20418 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7516 of 2025 Decided on: 29th May, 2026 ------------------------------------------------------------------------------------- Avni Koundal …..Petitioner Versus Union of India and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vaibhav Tanwar, Advocate. For the Respondents: Mr. Ajay Kumar Chauhan, Central Govt. Counsel, for respondents No.1, 5 and 6. Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.2 to 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Heard learned counsel for the parties, considered the case file and also interacted with Ms. Kirti Panwar, Deputy Commissioner, Navodaya Vidyalaya Samiti, Mr. Raj Singh, Principal, Jawahar Navodaya Vidyalaya, Una and Mr. Rajesh Kumar, Principal, Jawahar Navodaya Vidyalaya, Kangra, present in person. 2. Admitted position of facts is as under:- 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 2026:HHC:20418 2(i). Petitioner is resident of Village Upper Swana, Post Office Swana, Tehsil Jaswan, District Kangra. She studied in DAV Public Model School, Kalu Di Bar, District Una, located statedly at a distance of 1.5 Kilometers from her village, which falls in rural area, but in District Kangra. Petitioner passed out Class V from the aforesaid DAV Public Model School. According to the respondents’ officials, who are present in person, distance between Jawahar Navodaya Vidyalaya (JNV), Pekhubela, District Una and petitioner’s residence in District Kangra is though more than 1.5 kilometres, but less than 10 kilometres. 2(ii). After passing Class V from the aforesaid school in District Una, petitioner applied for admission to Class VI in respondent No.5-JNV, Pekhubela, District Una. She appeared in the admission test. On 27.03.2025 (Annexure P-1), respondent No.5 informed the petitioner about her having qualified the test for admission in Class VI in JNV Una. About two weeks later, i.e. on 15.04.2025, respondent No.5 issued another communication (Annexure P-4), informing the petitioner that she being bonafide resident of District Kangra, cannot be admitted in JNV Una as she was not bonafide resident of District Una. 3 2026:HHC:20418 2(iii). Feeling aggrieved against denial of admission in JNV Una, the petitioner instituted Avni Koundal Versus Union of India and others2, which was decided as under:- “Learned counsel for the petitioner prays for and is permitted to withdraw the petition, with liberty to file a fresh petition on the same cause, by assailing the vires of the conditions of the prospectus. Pending miscellaneous application(s), if any, also stand disposed of accordingly.” 2(iv). Pursuant to the liberty granted to the petitioner, she instituted this writ petition on 05.05.2025 laying challenge to the vires of conditions of the prospectus, which debarred her admission in any of the JNVs. Substantive reliefs prayed by the petitioner are as under:- “1. A writ of certiorari may kindly be issued to quash and set aside order dated 15.04.2025 (Annexure P-4) in the interest of justice. 2. A writ of mandamus may kindly be issued directing the respondents to grant admission to the petitioner in class VI in JNV Pekhubela, District Una forthwith in the interest of justice. 3. The condition 4.1(a) and (b) of the prospectus (Annexure P-2) to the extent it requires that the candidate should be a bonafide resident of the same district in which he/she applies for admission and further requirement of submitting a bonafide residence certificate by the parent of the candidate at the time of verification may kindly be struck down as unconstitutional and violative of Article 14 of the Constitution of India.” 2(v). Interim relief was not granted to the petitioner in view of twin conditions No.4.1(a) & 4.1(b) of the 2 CWP No.7121 of 2025, decided on 01.05.2025 4 2026:HHC:20418 prospectus. During pendency of the writ petition, the petitioner continued her studies in Class VI in DAV Public Model School, Kalu Di Bar, District Una. She is now stated to have passed Class VI and has entered Class VII in the same school. Keeping in view the changed circumstances, the petitioner was permitted to amend the writ petition on 10.04.2026 for seeking admission to Class VII in JNV Una instead of Class VI in JNV Una, as prayed for in the original writ petition. 3. Petitioner has laid challenge, inter alia, to Clauses 4.1(a) and 4.1(b) of the Prospectus for admission to Class VI in JNVs through selection test for the session 2025-26, which read as under:- “4.1(a) Admission of candidate to class VI in a JNV is district specific. A candidate who is studying class V in a district is allowed to apply for admission to JNV in the same district only. Only the bonafide resident candidates from the district concerned where the Jawahar Navodaya Vidyalaya has been located and studying class V in the same district are eligible to apply for admission to JNVs through JNVST. The valid residential proof as notified by Govt. of India of the parent of the same district where the candidate has studied class V and appeared for the JNVST is to be submitted by the provisionally selected candidate at the time of admission. However, if the district where JNV is opened is bifurcated at a later date, the old boundaries of the district are considered for the purpose of eligibility for admission into JNVST, in case a new Vidyalaya is not opened in the newly bifurcated district yet. (b) Candidate has to reside in the district where he/she is seeking admission in the JNV located in the same 5 2026:HHC:20418 District. Bonafide residence certificate of the parent is to be submitted at the time of verification of documents after the provisional selection.” 3(i). In terms of Clause 4.1(a), admission of a student to Class VI in a JNV is district specific. A candidate, who is studying in Class V in a district, is allowed to apply for admission to JNV only in the same district. Only the bonafide resident candidate from the district concerned, where the Jawahar Navodaya Vidyalaya is located and studying Class V in the same district, is eligible to apply for admission. The Clause also insists upon valid residential proof of the parents of the child of the same district, where the candidate has studied Class V and appeared for JNV. In accordance with this clause, petitioner could not have taken admission in JNV Kangra as she had studied and passed Class V from a school located in District Una. 3(ii). As per Clause 4.1(b) of the prospectus, a candidate has to reside in the district where he/she is seeking admission in JNV located in the same district. The Clause insists upon bonafide residence certificate of the parents at the time of verification of the documents. In view of Clause 4.1(b) of the prospectus, the petitioner could not be admitted in JNV Una because she is 6 2026:HHC:20418 bonafide resident of District Kangra, even though she had studied Class V in a school located in District Una. 3(iii). From the interplay of Clauses 4.1(a) and 4.1(b), as they existed at the time of debarring the petitioner from admission in JNV Una, it is quite clear that the petitioner was neither eligible for admission in JNV Kangra as she had studied Class V from a school falling in District Una nor she was eligible for admission in JNV Una because she is the bonafide resident of District Kangra. This led the petitioner to institute present writ petition, inter alia, laying challenge to the twin conditions imposed under Clauses 4.1(a) and 4.1(b) of the prospectus. 4. The respondents despite grant of number of opportunities, have not filed reply, however, an office letter of the respondents dated 11.03.2026 was placed on record, acknowledging that the above twin conditions had created genuine hardships for the students of families residing in villages situated on the borders of two districts. To address this issue and to ensure equity & access to all eligible candidates, Navodaya Vidyalaya Samiti approved relaxation of existing twin eligibility conditions with insertion of following proviso:- “The Deputy Commissioner 7 2026:HHC:20418 Navodaya Vidyalaya Samiti All Regional Offices Subject: Relaxation of twin condition for admission in JNVs- reg. Madam/Sir With reference to the subject cited above, I am directed to state that admission to Class VI in Jawahar Navodaya Vidyalayas (JNVs) is made through the JNV Selection Test. For admission, a twin eligibility condition presently exists, namely: “A candidate seeking admission in a JNV has to reside in the same district and must also be studying in Class V in a school located In that district.” It is pertinent to mention here that this condition has created genuine hardship for families residing in villages situated on the borders of two districts. To address this issue and to ensure equity and access for all eligible candidates, NVS has approved the relaxation of the existing twin eligibility condition with the insertion of the following proviso :- “However, if a student is a resident of a district but studies in a school located in another district within a maximum radial distance of 10 km from his/her residence, he/she shall be considered for admission in the district of residence. The distance between the place of residence and the school must be duly certified by the Navodaya Vidyalaya Samiti official concerned. Further, the rural or urban category shall be determined based on the location of the school where the candidate is studying class V as in the case of other candidates.” Further, referring to the term Navodaya Vidyalaya Samiti official concerned, the verification of the district/distance within the 10 km radial distance shall be undertaken by the JNV Principal in consultation with the district administration, under the supervision of the respective Regional Office. Therefore, it is requested to take appropriate action in the matter while dealing with upcoming admission to class VI. 8 2026:HHC:20418 This has the approval of the Competent Authority. Yours faithfully, Sd/- (Dr. Ajay Kumar) Deputy Commissioner (Examination)” Admittedly, in terms of above proviso, the petitioner, who was ineligible for admission to JNV Una & JNV Kangra, is now eligible for admission in Class VI in JNV Kangra. Respondents’ officials present in person, however, submit that the petitioner cannot be admitted in JNV Kangra as she had not applied for admission in Class VI in JNV Kangra. She had applied for admission only in JNV Una. It was also submitted that the twin conditions for admission in JNVs were relaxed on 11.03.2026, whereas, the petitioner had applied for admission in Class VI in JNV Una for the session 2025-26. It was, however, admitted that three seats in Class VII are available as on date for admission in JNV Una, but none in JNV Kangra. Respondents further submitted that there is no provision for admission in Class VII in JNV. As noted above, petitioner had admittedly qualified test for admission to Class VI in JNV Una for the session 2025-26. At that time, she was denied admission in view of twin conditions in the prospectus [Clauses 4.1(a) & 4.1(b)] existing as on that date, which made her ineligible to 9 2026:HHC:20418 take admission in JNV Una & JNV Kangra. In fact, petitioner’s challenge to twin conditions imposed under Clauses 4.1(a) & 4.1(b), prima facie, appears to be having force, as there cannot be a rational situation, where a student is rendered ineligible for admission to any of the JNVs in the State. The twin conditions were not lawful and posed genuine difficulties for the students, who were residents of border areas of a district, but had studied in a nearby school located in another district. Acknowledging the hardships faced by such students, the respondents themselves came up with the proviso, relaxing the twin conditions on 11.03.2026, in terms of which, petitioner became eligible for admission to JNV in District Kangra, i.e. place of her residence. Considering the relaxation clause now inserted by the respondents, it will not be necessary to examine the legality of twin conditions imposed under Clauses 4.1(a) and 4.1(b) of the prospectus as by virtue of the new proviso, the petitioner, who was hitherto ineligible for taking admission in any of the JNVs, has now become eligible to take admission in the JNV located in place of her residence, i.e. JNV Kangra. Nevertheless, it has to be born in mind 10 2026:HHC:20418 that petitioner had taken immediate legal recourse against the denial of admission to her in JNV, Una. All this while, during pendency of this petition, petitioner having been denied admission to Class VI in JNV, had continued with her studies in Class VI in DAV Public Model School, Kalu Di Bar, District Una. By now, petitioner has cleared Class VI and is pursuing Class VII in the same school. Grant of relaxation by the respondents on 11.03.2026, cannot defeat the cause of the petitioner, which not only appears to be just, but has also been acknowledged by the respondents to be genuine and it is for this reason that the respondents have come up with the office letter dated 11.03.2026. Had the relaxation come earlier, i.e. at the time of petitioner’s applying for admission to Class VI in JNV Una, she would have known that she was eligible for admission in Class VI only in JNV Kangra. Petitioner’s applying for admission in Class VI in JNV Una cannot be twisted now to her detriment to contend that she is eligible for admission only in JNV Kangra or that during pendency of the writ petition, a year has gone by and now the petitioner cannot be admitted to Class VII. During hearing, it was apprised for the respondents that though there is no seat available for 11 2026:HHC:20418 admission in Class VII in JNV Kangra, i.e. at the place of petitioner’s residence, but three seats are available in Class VII in JNV Una. In Air India Statutory Corpn. V. United Labour Union3, Hon’ble Supreme Court reminded that “the Founding Fathers placed no limitation or fetters on the power of the High Court under Article 226 of the Constitution except self-imposed limitations. The arm of the Court is long enough to reach injustice wherever it is found. The Court as sentinel on the qui vive is to mete out justice in given facts”. In my considered view, in the peculiar facts and circumstances of the case, it will be travesty of justice in case the petitioner is to be denied admission in JNV only on the ground of impugned twin conditions imposed in the prospectus, unjusticiability & un-workability of which, the respondents have themselves acknowledged in the office letter dated 11.03.2026. In the instant case, since the petitioner had already applied & qualified the test for admission to Class VI in JNV Una and with passage of time during pendency of the writ petition, petitioner has now completed Class VI & is studying in Class VII in a school at Una and three seats are also stated to be available at 3 (1997) 9 SCC 377 12 2026:HHC:20418 present in Class VII in JNV Una, there shall be a direction to respondents No.1, 5 & 6/competent authority to grant admission to the petitioner forthwith in Class VII in JNV Una. It is, however, made clear that this order has been passed in the given peculiar fact situation of the case and shall not be treated as precedent. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 29, 2026 Judge Mukesh