G. RAVINDRA NATH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner, a minor, represented by his father and natural guardian, is the appellant and he made a challenge to the impugned order dated 05.08.2013 passed by the third respondent, rejecting his candidature for admission to VIII Standard in Rashtriya Indian Military College (RIMC), Dehradun, by filing W.P. No. 22120/2013 and the said writ petition, after contest, came to be dismissed on 22.11.2013 and aggrieved by the same, the present writ appeal is filed. The father of the minor, namely G. Ravindra Nath Yadav has sworn to the affidavit filed in support of the writ petition, wherein it has been stated among other things that the minor G. Ravindra Nath Yadav was born on 09.07.2000 and he made two attempts to join RIMC and was unsuccessful and in respect of the notification for admission to the said institution, which came to be issued during July 2013, the petitioner had applied and the last date for submission of the application was on 30.09.2012. It is further stated that as per the guidelines issued for admission by RIMC, application forms is to be submitted to the respective State Government and for entry into the January term, the candidate should not be less than 111/2 years and not more than 13 years as on 1st of January of that year and for entry into the July term, the candidate should not be less than 111/2 years and not more than 13 years old as on 1st of July of that year. The guidelines further stipulate that the entrance examination and viva voce is conducted by the respective State Government and Admit Card/Hall Ticket will be issued by the State authority and the last date for submission of application form for the entrance examination in June is 31st March and for the entrance examination in December, it is generally 30th September.

(2.) The application form was sent by courier to the agency who is conducting the examination on behalf of the Government of Tamil Nadu, namely Tamil Nadu Public Service Commission (TNPSC) on 24.09.2012, which was situated at Omandurar Building, Chennai-2, wherein it was originally located, however the application form sent through courier was returned on 16.10.2012 with an endorsement "Company Shifted". Immediately, the father of the applicant as well as the applicant rushed to Chennai to enquire about the return of the application and came to know that the fifth respondent, namely TNPSC has shifted its office from Omandurar Building, Chennai-2 to Frazer Bridge Road, V.O.C. Nagar, Chennai-3 and both of them went to the office of the fifth respondent and explained the reasons and the fifth respondent, having convinced with the explanation offered, has forwarded the application to RIMC and also issued him with a Hall Ticket for the examination to be held on 01.12.2012 and 02.12.2012. It is further stated that the writ petitioner, namely G. Ravindra Nath Yadav was the sole candidate in the State of Tamil Nadu, who has passed the written examination and under normal circumstances, he would have been called for viva voce/oral interview on 05.04.2013, but he did not receive the call letter.

(3.) The writ petitioner has received a communication dated 02.04.2013 stating that the application for admission to RIMC for the academic session commencing July 2013 has been rejected on the ground that the father of the writ petitioner is not a resident of Tamil Nadu and further that the application was received on 30.11.2012 as against the last date for submission of application viz., 30.09.2012. The petitioner and his father once again made enquiries as to the non-receipt of call letter for attending oral interview and came to know that TNPSC and the State Government has taken into consideration the address for correspondence which is at Hyderabad and formed an opinion that the writ petitioner is not a resident of the State of Tamil Nadu, however failed to take into account that the permanent address of the writ petitioner is at Eda Street, Agaram Village & Post, Madhanur (via), Ambur Taluk, Vellore District, Tamil Nadu and the petitioner's father has also been issued with Electoral Card and Ration Card, wherein the writ petitioner's name find place. When the above said fact was brought to the knowledge of the fifth respondent, namely TNPSC, he was permitted to attend viva voce on 03.06.2013, however no communication as to the result of the viva voce was received by the writ petitioner and therefore, a representation dated 15.07.2013 was sent to the second respondent as to the result of the viva voce and since no response was forthcoming, the writ petition was filed, praying for issuance of a Writ of Mandamus directing the respondents to declare the results of viva voce test held on 03.06.2013.