Dinesh Mehta,J. - (1.) The present group of writ petitions have been filed by the petitioners, inter alia, challenging action of cancellation of their school admissions on the ground that their caste(s) do not find mention in the list of backward classes issued by the Central Government.
(2.) As all the writ petitions involve common facts and questions of law, they are being disposed of conjointly. However, for the purpose of narration, facts of SBCWP No.7473/2020, Harshita Vs. Union of India, are being taken into consideration.
(3.) Before adverting to the casespecific facts, it will be apt to adumbrate the features of the schools in question:- 3.1 The Government of India introduced Jawahar Navodaya Vidhyalayas (for short, 'the JNVs') with a view to augment education in line with the National Education Policy, 1986. According to the prospectus issued by the respondents, there are 661 sanctioned Navodaya Vidhyalayas (out of which 636 are functional) spread in 28 States and 7 Union Territories. 3.2 The JNVs are co-educational residential schools fully aided and controlled by the Union of India through an autonomous organization, called 'Navodaya Vidhyalaya Samiti'. 3.3 Admissions to JNVs are given through admission test conducted by Central Board of Secondary Education, held annually on All India basis at block and district level. 3.4 These schools, which are from 6th Standard to 12th Standard, are established with an objective of excellence coupled with equity and social justice and to promote good quality modern education including strong component of culture, inculcation of values, awareness of environment, adventurous activities and physical education. 3.5 The scheme gives priority to rural students and with that object in mind, it provides that at least 75% seats would be filled by rural children, with a further stipulation that 1/3rd of total seats will be for girl students. The scheme also provides reservation. 3.6 As per prospectus issued for Admission Test, 2020, following types of reservation were envisaged:- "Reservation of Seats.- (a) At least 75% of the seats in a district are filled by candidates selected from rural areas and remaining seats are filled from urban areas of the district. (b) Reservation of seats in favour of children belonging to Scheduled Castes and Scheduled Tribes is provided in proportion to their population in the district concerned provided that in no district, such reservation will be less than the national average (15% for SC and 7.5% for ST) but subject to maximum of 50% for both the categories (SC & ST) taken together. These reservations are interchangeable and over and above the candidates selected under open merit. (c) Minimum One third of the total seats are filled by girls. (d) There is a provision for reservation for Divyang children (i.e. Orthopedically Handicapped, Hearing Impaired and Visually Handicapped) as per GOI norms. 'Blindness' refers to a condition where a person suffers from any of the following namely: (i) total absence of sight; or (ii) Visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or (iii) Limitation of the field of vision subtending an angle of 20 degree or worse. 'Hearing Impairment' means loss of sixty decibels or more in the better ear in the conversational range of frequencies. 'Locomotor disability' means disability of the bones joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy. 'Person with disability' means a person suffering from not less than forty percent of any disability as certified by a medical authority." ;