ROHIT SINGHAL AND ORS.versusPRINCIPAL, JA WAHAR N. VIDYALA YA AND ORS.

                      ROHIT SINGHAL AND ORS.                                      A
                                       v.
         PRINCIPAL, JA WAHAR N. VIDYALA YA AND ORS.

                           DECEMBER 18, 2002

              [R.C. LAHOTI AND BRIJESH KUMAR, JJ.]                                B


      Education/Educational Institutions; National Education Policy, 1986:
Establishment ofJawahar Navodya Vidya/aya-Students admitted in class VJ
through Navodya Selection Examination-Pursued studies in one such school          C
at native place-For ji1rther studies migrated to the school in other State as
per policy to promote national unity-Mal-adjustment due to language and
cultural gulf-Discharged from school on disciplinary grounds-Reji1sal to
re-admit by JNV at native place-Writ Petition-Dismissed by High Court-
on appeal, held: since indiscipline shown by the young student was a
manifestation of mal-adjustment, they ought to be dealt with sympathy and         D
shown indulgence and not penalized-Children need to be valued, nurtured,
caressed and protected/or well functioning of society-To establish symbiotic
relationship between children from different cultural background, there is a
need of thoughtjitl approach to achieve goal of national integration- They
are allowed to be taken back in the school at native place-Directions             E
issued

       Appellants were admitted in Vlth Class through Navodya Selection
Examination and pursued their studies upto class VII in one of such school at
their native place. Thereafter as per policy of the Jawahar Navodaya Vidyalaya
School to promote national integration, they were migrated to the school in       F
the other State to pursue further studies. These young students could not
adjust with their counter parts at that place due to language and cultural gulf
and indulged in acts of indiscipline as well, though allegation and counter
allegations were levelled against one another by both appellant-students and
teachers. After few weeks, these students were discharged from the school
on the ground of indiscipline. When they approached the authorities of the        G
school at their native place, they refused to take them back. Aggrieved,
students filed writ petition before the High Court unsuccessfully. Hence this
appeaL

      Allowing the appeal, the Court
                                                                                  H
                                     515
    516                     SUPREME COURT REPORTS [2002) SUPP. 5 S.C.R.

A          HELD: 1.1. 1t would suffice to note that appellants-the young boys in the
    tender age of early teens coming from rural backgroun'd and belonging to
    weaker section of th'e society were selected for entering into JNV system or
    studies. Undoubtedly, such students have to face migration into hitherto
    unknown lands for them, because the migration is aimed at achieving the
    laudable purpose of national integration which the scheme seeks to achieve
B   by intermingling or young students of different geographical regions having
    different cultures and linguism. The management with care and caution of
    these ideological students is significant for its success. The teachers and
    managers associated with the scheme ought to know that such attempt at
    blending of cultures and thereby achieving national integrity and unity is
C   bound to .have some initial inherent reluctance, more so, when children of
    tender age used to enjoying love and affection below the protective umbrella
    of parental care are made to move across the country. Care and caution is
    needed to see that tender feelings of innocent young children do not get hurt
    and do not get infuriated into emotional outburst which if takes place would
D   not only be unfortunate but will also be counter-productive and destructive of
    the very purpose sought to be achieved. While the transferees should be
    motivated for assimilation in the new environment, the locals should also be
    motivated to accept them. A greater responsibility lies on teachers of suitably
    moulding the pattern of emotional behaviour of the children sought to be
    brought together. Particula~ attention needs to be devoted in the initial period
E   of children coming together. Children by their very nature soon give up the
    initial hesitation and mix up with those of their age-group. j519-E-H; 520-A-BI

         · 1.2. Children are not only the future citizens but also future of the earth.
    Elders in general, and parents and teachers in particular, owe a responsibility
    for taking care of the well being and welfare of children. The world shall be
F   a better or worse place to live according to the treatment being given to the
    children today. Education is an investment made by the nation in its children
    for harvesting a future crop of responsible adults productive of a well
    functioning society. Children are vulnerable. They need to be valued, nurtured,
    caressed and protected. Developing an essentially symbiotic relationship
    between children coming from different cultural backgrounds having different
G   dialect, diet and desires -childlike and innocent-need thoughtful approach so
    as to reach the coveted goal of an integrated nation. 1520-C, DI

          1.3. The young students who qualified at the selection and peacefully
    and successfully prosecuted their studies for three years at one place became
H   violent, indisciplined or unsatisfactory soon on reaching the other place, there
      ROHIT SINGHAL v. PRINCIPAL, JaWAHAR N. VIDY ALA YA [R.C. LAHOTI, J.)   5J7
is something wrong somewhere. It would be a risky affair indeed to embark           A
upon or tread into such areas as should better be left for consideration of
child psychology experts and educationists. Thus, in the facts and
circumstances of the case, the appellants ought to be dealt with sympathy and
shown indulgence far from being penalized for their so-called indiscipline
which is nothing but a manifestation of mal-adjustment (520-E, Fl
                                                                                    B
       1.4. The appellants shall be taken back as regular students of Jawahar
Navodaya Vidaylaya, Buklana, Bulandshahar, U.P. and allowed to prosecute
their studies as regular students of IXth standard and also allowed to appear
at the ensuing final examination. Their adverse entry, if any, made in the
records shall stand expunged. The appellants shall not be treated as failures       C
or as those passing IXth standard examination in second attempt After passing
the IXth standard the appellants shall be available for prosecuting their further
studies consistently with JNV scheme. Since the requirements of sitting in
the Xth standard examination conducted by CBSE viz. regular attendance and
receiving instructions in the school which they have not done, they are not
allowed to take both IXth and Xth standard examinations in the same year.           D
                                                                      (520-G, HI

        (The Court clarified that this judgment is not, nor is intended to be,
        any observation, much less a criticism, of the scheme or teachers or
        management of the schools at either places. The teachers must have,
        presumably done their best to salvage the situation, yet the need for       E
        more care and caution and some additional thinking for better and
        successful implementation of the scheme the utility whereof in
        national interest cannot be doubted and that ·the worth of the scheme
        shall be assessed by its success and not by failures. (521-C, DI

      CIVIL APPELLATE JURISDICTION : Civil Appeal No.8551 of2002.                   F

     From the Judgment and Order dated 15.4.2002 of the Allahabad High
CourtCMWP 15190/02.

      A~hwani Garg and Vijay Kumar for the Appellants.
                                                                                    G
      S. Rajappa for the Respondents.

      The Judgment of the Court was delivered by

     R.C. LAHOTI, J. Pursuant to the National Education Policy, 1986 the
Government of India established Jawahar Navodaya Vidyalaya (JNV) over the           H
    518                     SUPREME COURT REPORTS [2002.J SUPP. 5 S.C.R.

A country. Such schools became operational for 27 States and 6 Union Territories
   of the country. The schools are co-educational residential schools placed
    under the care of an independent organization, called Navodaya Vidyalaya
    Smiti, completely financially aided from Government of Ind.ia. Admission in
   JNV are done in class VI through an entrance examination called Navodaya
B Selection Examination. The medium of education till class VIII is mother-
    tongue or regional language. From IXth standard English medium is resorted
    to for imparting instructions in mathematics and science. For Social Science,
    Hindi is the medium. The students of these schools sit in class Xth and Xllth
   examinations conducted by Central Board of Secondary Education. The aims
   of scheme are: (i) through the policy of migration, to increase national unity
C amongst the students; (ii) to increase and support virtuous students especially
    of village areas and of weaker sections of the society; (iii) to provide best
    education for the complete development to virtuous students; and (iv) to
    establish organizations at the district level which will work as resource center
    for increasing excellence. The scheme aimed at establishing one school in
    every district of the chosen States and Union Territories. 25 JNVs were
D . opened during 2001-2002.
         The petitioners are 5 young students hailing from rural background of
  District Bulandshar in the State ofU.P. They were selected for admission into
  JNV. They passed Vlth Vllth and Vlllth standard examinations from JNV,
E Buklana, District Bulandshahar U.P. Their performance was satisfactory. The
  petitioners claim that they secured good marks at the examinations. Their
  schooling in Bulandshar ·was peaceful and without any hassles. lit December,
  2001, midway the session, they were transferred to JNV, Periya District
  Kasaragod of the State of Kerala. They reached the destination and joined
  the Vidyalaya on 3.12.200 I. It was time for mid-term examinations. The transfer
F did cause interruption in regular studies. The 5 children all in the age-group
  of 13-14 years could not carry on well in the transferee JNV. The petitioners
  grievance or the explanation for their having rendered mis-fit at the transferee
  JNV is that the dialect and language commonly spoken there was Malayalam
  as amongst the students and teachers but there was no teacher of Malayalam
  for a period of two years and they failed to assimilate themselves in
G conversation and communication: The local children had some bias against
  the petitioners mainly erupted by language and cultural gulf. The teachers
  too, the petitioners felt, while apprised of their discomfiture sided with local
  children anll therefore the petitioners felt alien and insecure. All this resulted
  in mal-adjustment. TI1e petitioners could not assimilate with the locals and
H minor incidents, to some extent violent too, erupted. The petitioners and their
     ROHITSINGHALv. PRINCIPAL,JAWAHARN. VIDYALAYA[R.C. LAHOTl,J.)        5J9

associates resorted to abstention from classes and abstention from taking A
food too-something short of hunger strike. The teachers tried to discipline
the students but did not succeed. At one point of time police was also called
on the campus. In January, by the time the petitioners had spent 5 or 6 weeks
at Periya they were issued transfer certificates and discharged from the JNV.
The transfer certificates contained remarks such as "general conduct-not
satisfactory" and "reasons for leaving the school on disciplinary grounds". B
The child students came back to their parental land only to find their fire of
frustration being fuelled by the refusal of their erstwhile JNV to accept them
back. They filed a writ petition in the Allahabad High Court which has been
dismissed. This is an appeal by special leave.

      Leave granted.
                                                                                 c
      The institutions of JNV at Buklana, Bulandshahar, at Periya, Kerala and
central authorities of the organization have all been joined as respondents.
They have filed their counters denying such material averments in the petition
which cast any aspersions on the scheme or the teachers and take the plea        D
that the petitioning students are unfit for the scheme and therefore do not
deserve to be accommodated in JNVs. They seek dismissal of the petition and
denial of prayer made by the students.

       In the peculiar facts and circumstances of this case we .do not propose
to enter into scrutinizing merit or trustworthiness of the allegations and E
counter-allegations made. For our purpose it would suffice to note that young
boys in the tender age of early teens coming from rural background and
belonging to weaker section of the society were selected for entering into JNV
system of studies. Undoubtedly, such students have to ·face migration into
hitherto unknown lands, for them because the migration is aimed at achieving
the laudable purpose of national integration which the scheme seeks to F
achieve by intermingling of young students of different geographical regions
having different cultures and linguism. What is significant for the success of
such ideological scheme is its management with care and caution. The teachers
and managers associated with the scheme ought to know that such attempt
at blending of cultures and thereby achieving national integrity and unity is G
bound to have some initial inherent reluctance, more so, when children of
tender age used to enjoying love and affection below the protective umbrella
of parental care are made to move across the country such as from UP to
Kerala in the present case. Care and caution is needed to see that tender .
feelings of innocent young children do not get hurt and do not get infuriated
into emotional outbrust which if takes place would not only be unfortunate H
    520                    SUPREME COURT REPORTS [2002) SUPP. 5 S.C.R.

A but will also be counter-productive and destructive of the very purpose
    sought to be achieved. While the transferees should be motivated for
    assimilation in the new environment, the locals should also be motivated to
    accept them. A greater responsibility lies on teachers of suitably moulding the .
    pattern of emotional behaviour of the children sought to be brought together.
B   Particular attention needs to be devoted in the initial period of children
    coming together. Children by their very nature soon give up the initial
    hesitation and mix up with those of their age-group.

          Children are not only the future citizens but also future of the earth.
    Elders in general, and parents and teachers in particular, owe a responsibility
C   for taking care of the well being and welfare of children. The world shall be
    a better or worse place to live according to how we treat the·children today.
    Education is investment made by the nation in its children for harvesting a
    future crop of responsible adults productive of a well functioning society.
    However, children are vulnerable. They need to be valued, nurtured caressed
    and protected. Developing an essentially symbiotic relationship between
D   children coming from different cultural backgrounds having different dialect,
    diet and desires-childlike and innocent-need thoughtful approach so as to
    reach the coveted goal of an integrated nation.

           We are little surprised to note how the young students who qualified
E   at the selection and peacefully and .successfully prosecuted their studies for
    three years in Buklana became violent, indisciplined or unsatisfactory soon
    on reaching Periya. There is something wrong somewhere. It would be a risky
    affair indeed for us to embark upon or tread into such areas as should better
    be' left for consideration of child psychology experts and educationists. We
    are however definitely of the opinion, in the facts and circumstances of the
F   case, that the appellants ought to be dealt with sympathy and shown indulgence
    far from being penalized for their so-called indiscipline which, it appears is
    nothing but a manifestation of mal-adjustment.

          The appeal is allowed. The impugned decision of the High Court is set
    aside. Instead it is directed that the appellants shall be taken back as regular
G   students of Jawahar Navodaya Vidyalaya, Buklana, Bulandshahar, U.P., and
    allowed to prosecute their studies as regular students of IXth standard and
    also allowed to appear at the ensuing final examination. The adverse entry,
    if any, made in the records of the students shall stand expunged. The appellants
    shall ncit be treated as failures or as <ilose pas~ing IXth standard examination
H   in second attempt. After passing the IXth standard the appellants shall be
         ROHIT SINGHAL v. PRINCIPAL, JAWAHAR N. VIDYALA YA [R.C. LAHOTI, J.]   52 J
available for prosecuting their further studies consistently with JNV scheme.         A
      The learned counsel for the appellants prayed that the appellants,. in the
facts and circumstances of the case, for which they cannot be blamed, have
lost one valuable year of their educational career and they should be allowed
to take both· IXth and Xth standard examinations in this year. We are not
inclined to allow that prayer. The appellants might have prosecuted their             B
studies at their home but what is required for Xth standard examination
conducted by CBSE is their regular attendance and receiving instructions in
the school which they have not done. They should pass IXth standard
examination and thereafter prosecute Xth standard studies.
                                                           I


      Before parting we would like to clarify that this judgment is not, nor is       C
intended to be, any observation, much less a criticism, of the scheme or
teachers or management of the schools either at Buklana, Bulandshahar or at
Periya Kerala. The teachers must have presumably done their best to salvage
the situation. Yet we feel the need for more care and caution and some
additional thinking for better and successful implementation of the scheme            D
the utility whereof in national interest cannot be doubted. The worth of the
scheme shall be assessed by its success and not by failures.

     The appeal is disposed of in the abovesaid terms with no order as to
the costs.
                                                                                      E
S.K.S.                                                         Appeal disposed of.