IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P.(C) No. 253 of 2024
Bhola Prasad Mahto …Petitioner

-:Versus:-

Union of India and Ors. … Respondents

SUPPLEMENTARY COUNTER AFFIDAVIT ON BEHALF OF THE

RESPONDENT No. 5

I, Bipin Kumar, Age - ____ years, Son of Late

Narayan Poddar, Resident of Jawahar Navadoay

Vidyalaya, Tenughat, P.O. & P.S. Tenughat, District-

Bokaro, Jharkhand, do hereby solemnly affirm and

state as follows:-

1. That I am presently posted

…………………………………………………………….., and hence I am well

acquainted with the facts and circumstances of

the instant case.

2. That I am respondent no.5 in the present case,

and as such well acquainted with the facts and

circumstances of the present case.

 2

3. That I have gone through the contents of the writ

petition, which I have understood the same

fully.

4. That the present supplementary counter affidavit

is being filed herewith in pursuance to order

passed by this Hon’ble Court on 16.05.2024 by

which certain documents have been directed to be

submitted.

5. That it is stated that Navodaya Vidyalay Samiti

vide letter no. 3978 dated 02.01.2023 directed

the Deputy Commissioner, Navodaya Vidalay Samiti

of all regional offices. The notification of

Class VI JNVST-2023 for publicity in the leading

newspapers in the country which was to be

conducted in all JNVs on 29th April, 2023

6. That the writ petition filed by the petitioner is

misconceived and devoid of any merit either in

law or on facts and therefore, the same is

liable to be dismissed.
 3

7. That with regard to the statement made in para 1

to the petition under reply it is stated that

S.S. Vidya Mandir Telo is not affiliated to JAC

Ranchi for the academic session 2020 -2023

required for eligibility of a candidate for

JNVST.

But affiliation letter submitted by the

petitioner indicates that temporary and

conditional affiliation was granted to SS Vidya

Mandir Telo from 09.03.2005 only for 2 years

only (Annex- PF page no 21-22, caption 17)

8. That with regard to the statement made in para 2

to the petition under reply it is stated that

contradicts the request to quash the order

contained in the above writ petition since he

himself declares in the writ petition that he

has no approached Hon’ble High Court for the

relief sought for in the writ petition.

 4

9. That with regard to the statement made in para

3(i) to the petition under reply it is stated

that Petitioner’s son was allowed in the

selection process on the basis of the submission

of online application by the petitioner as per

online registration which was contrary to online

registration notification.

The Petitioner has provided required

residential status of the candidate and himself

of Bokaro District while applying online hence

application was accepted otherwise his online

application would have been instantly rejected

by the software program itself

10. That with regard to the statement made in para

3(ii) to the petition under reply it is stated

that as per NVS online registration notification

for JNVST, successful candidates are directed

for submitting requisite valid original

documents for the verification of the

 5

eligibility of the selected candidates as per

the NVS notification, before admission.

11. That with regard to the statement made in para

3(iii) to the petition under reply it is stated

that as per document submitted by petitioner in

support of affiliation of the school clearly

indicates that SS Vidya Mandir Telo was granted

temporary and conditional affiliation to JAC

Ranchi only for 2 (Two) years commencing from

09.03.2005.

The supporting documents indicates that SS

Vidya Mandir was not affiliated or affiliation

was not extended for the academic sessions 2020-

21, 2021-22 and 2022-23 corresponding to class

of study by the candidate for class 3, class 4

and class 5 respectively Annexure PF Page no 21-

22 and 23, caption 17 not produced before

Hon’ble High Court in writ petition.

 6

12. That with regard to the statement made in para

3(iv) to the petition under reply it is stated

that as per Block Education Extension Officer

(BEO) Report forwarded to DEO Bokaro and

provided to the respondent for the verification

of Schooling of successful candidates SSVM Telo

is not a govt recognized school.

(a) As per NVS Notification for JNVST

registration, the school in which the candidate

is studying should be a Govt /Govt aided or

other recognised school or ‘B’ certificate

competency course of NIOS in the same district

where a candidate is seeking admission.

(b)Undertaking given by the parent while

online registration for JNVST concealed the

status of affiliation of the concerned school in

which the candidate was studying in class 3 ,4

and 5 (Annexure PF Page no 10).

 7

As per NVS notification for JNVST,

petitioner has provided misinformation for

online registration stating school recognition

status as Recognised for the academic session

stated above Ref Hon high court of Allahabad

order dated 25/05/2023 in W.P.(C)No 11591/2023

titled Shreyam Jaiswal Union Of India & Ors.

13. That with regard to the statement made in para

3(v) to the petition under reply it is stated

that as per NVS Notification for Jnvst claim of

admission of a candidate can be forfeited at any

stages even after admission in JNV if any

information provided by the applicant is found

wrong Annexure PF Page no 10-11-registered

application form.

14. That with regard to the statement made in para

3(vi) to the petition under reply it is stated

that Principal JNV is bound to take decision in

compliance with the norms of NVS,MOE,GOI.

 8

15. That with regard to the statement made in para

3(vii) to the petition under reply it is stated

that Principal JNV has to decide as per NVS,

MOE, GOI, Admission norms and hence there is no

violation of said article.

16. That with regard to the statement made in para

3(viii) to the petition under reply it is stated

that JNV is controlled by NVS, MOE, GOI.

17. That with regard to the statement made in para 4

to the petition under reply it is stated that as

per JNVST Registration, the residence of

petitioner, as also stated in the writ petition

and in the documents submitted for admission

viz.

i. Residential certificate issued by CO, Dumri,

Giridih.(Annexure PF P No-26)

ii. OBC Certificate SDO Dumri, Giridih.

iii. Birth Certificate from Dumri, Giridih

(Annexure OF PNo-24)
 9

iv. Income Certificate from CO, Dumri, Giridih,

v. Aadhar address form Giridih (Annexure PF PN-

4,5,7),is other than Bokaro.

Online JNVST Registration form of the

Applicant indicates that petitioner & His son is

the Resident of Vill. Dudhpaniya. Ps- Dumri

Dist.Bokaro, which is deliberate misinformation

provided by the petitioner while applying

online. (Annexure PF P No-2).

As per NVS JNVST online Notification

Candidate and Parents residing in the same

District are eligible for applying. (Annexure PF

PNo-2)

As per JNVST online Registration the

Petitioner undertakes to provide information

that is true to the best of his knowledge in the

undertaking by parents in the Online

Registration application (Annexure PF

PNo.10,11) and in the study Certificate

 10

petitioner has certified that my ward is a bona

fide resident and resides with me in the same

District Where he/she is applying for JNVST.

(Annexure PF PNo-8)

Petitioner residence Certificate issued from

Giridih, are liable for forfeiting the

candidature and action to be initiated against

misinformation as per NVS GOI Norms

Undertaking by Parents (Annexure PF P No-

17), Medical fitness Certificate (Annexure PF P

No-16), Admit Card (Annexure PF P No-09)

Indicates that Petitioner & Candidate reside in

Giridih District.

As per NVS JNVST notification a bonafide

Resident candidate residing with parents in the

same district is eligible for JNVST.

18. That with regard to the statement made in para 5

to the petition under reply it is stated that

Online application incorporating misinformation

 11

was submitted. Such candidates upon selection are

liable for document verification at any states

before & even after admission and consequent

action to be taken as deemed fit as per NVS

norms.

19. That with regard to the statement made in para 6

to the petition under reply it is stated that

Admit Card was issued on the basis of online

Registration documents submitted by Petitioner

and is liable for verification after selection

before or even after admission

20. That with regard to the statement made in para 7

to the petition under reply it is stated that

Successful candidates are informed for their

selection in JNVST with instructions to submit

all the requisite documents for the Verification

and completion of admission process. Accordingly,

letter no. JNVST-2023/JNVT/2023-24/571 dated

28.06.23 was issued (Annexure-PF PNo. (15)

 12

21. That with regard to the statement made in para 8

to the petition under reply it is stated that

admission is given to the successful candidates

only when all the documents and data furnished by

the applicant or parents of the applicant in the

online registration form as per JNVST

notification of NVS. Merely selection in the

JNVST is not the only criteria for the admission.

Admission in JNV is subject to verification of

all the requisite documents to ensure the

eligibility of the applicant.

22. That with regard to the statement made in para 9

to the petition under reply it is stated that the

Petitioner was given sufficient time for the

Submission of required documents as per his

request for giving time for submission of the

same in order to facilitate him to procure

requisite certificates from the competent

authority of the state Government such as:

 13

Residence Certificate Category -OBC Certificate,

Affiliation Certificate and others.

23. That with regard to the statement made in para 10

to the petition under reply it is stated that JNV

School Authority has acted within the

jurisdiction of refusing to allow admission of

petitioner's son as vested upon him by NVS, MOE,

GOI.

24. That with regard to the statement made in para 11

to the petition under reply it is stated that as

per petitioner the school Saraswati Sishu Vidya

Mandir, Telo, Bokaro is affiliated and recognised

school of the State Government which is apparent

in the correspondence letter dated 24.07.2020

contained in letter no.21 of 2023-24. Photostat

copy of the letter no.21/23- 2023 24 dated

24.07.028-is being annexed by him herewith and is

marked as Annexure 4.
 14

But the certificate submitted by him in the

support of the affiliation clearly discloses that

conditional and temporary affiliation rather than

recognition was granted by JAC Ranchi only for

02(Two) years from 09-03-2005.(Annexure -PF PNo.

33,35)

As per NVS JNVST notification a candidate

studying in the classes III, IV and V in the

concerned academic session should be from an

affiliated or recognized school.

25. That with regard to the statement made in para 12

to the petition under reply it is stated that

Online application for the recognition was

submitted for the concerned academic sessions

which is still pending with the state Government

Authority.

As per NVS norms during the academic

sessions 2020-21,2021-22,2022-23 the school must

have affiliation or recognition granted by the

 15

Competent Authority or Department of the State or

Central Government.

As per petitioner's statement online

recognition process was to start in the light of

Notification 629 dated 25-04-22 which is post

dated for a candidate for applying for the NVS

JNVST registration.

26. That with regard to the statement made in para 13

to the petition under reply it is stated that NVS

norms of JNVST registration is not concerned with

the withholding of recognition process of a

school by state Government Authority or

Department concerned.

27. That with regard to the statement made in para 14

to the petition under reply it is stated that the

responsibility of the omission and commission

done by the school or the state administration

who are sitting tight over the matter of giving

 16

recognition to Sarawati Vidya Mandir, Telo,

Bokaro is not concerned with JNV, NVS, MOE, GOI.

28. That with regard to the statement made in para 15

to the petition under reply it is stated that as

per NVS notification of JNVST registration, a

candidate is eligible for online registration of

JNVST only when the school in which a candidate

is studying is affiliated or recognized and hence

refusal to allow admission by JNV Principal is

not a colourable exercise of power.

29. That with regard to the statement made in para 16

to the petition under reply it is stated that the

action/inaction on the part of the Principal of

Jawahar Navodaya Vidyalaya Tenughat, Boaro is in

compliance with the norms of JNVST, NVS MOE, GOI.

30. That with regard to the statement made in para 17

to the petition under reply it is stated that the

petition is being produced before the Hon’ble

High Court in response to Writ petition for Non

 17

acceptance of the petitioner Writ application or

passing order by Hon’ble High Court Ranchi,

deemed fit as per law of the justice.

31. That with regard to the statement made in para 18

to the petition under reply it is stated that the

respondent has refused to allow for the admission

of the petitioner's son based is on the valid

grounds of misinformation furnished by the

petitioner while applying online for JNVST

registration as per NVS admission criteria in

JNV, NVS, MOE, GOI. and also seek for consequent

action upon the petitioner in the light of the

judgement of the Hon’ble High Court of Allahabad

for furnishing malinformation while applying

online for JNVST registration in the class VI.

32. That this counter affidavit is being filed

bonafide and in the interest of justice.

33. That the contents of the Counter Affidavit have

been read over to me, which I understood fully.

 18

34. That the statements made in paragraphs

……………………………………….… are true to my knowledge. Those

made in paragraphs …………………………..……… are based on

information derived from the records of the case,

verily believed by me to be true and rest are by

way of submissions before this Hon’ble Court.

35. That the annexures are photo/true/certified/

original copy of their respective originals.

Verified, sworn and signed by me

on ..........day of ................., 2024 at

Jharkhand High Court, Ranchi.