UNION OF INDIA Vs. ASHISH

JUDGEMENT

(1.) The present intra court appeal is directed against the judgment of the learned Single Judge dated 18.04.2012 and the subsequent order dated 31.08.2012 whereby, the review application of the present appellant has been dismissed. Vide the impugned judgment, learned Single Judge directed that the writ petitioner/respondent-Ashish (minor) be admitted in Class 6 th for the Session 2012-13 under the 25% reserved category seats belonging to economically weaker sections and disadvantaged group of the society. Reliance was placed upon an earlier decision of this Court in CWP No. 5350 of 2011, Ankit (minor) vs. Union of India and others decided on 02.11.2011 by holding that the said judgment was fully applicable in the present case. A letter dated 16.02.2012 issued by the Union of India relied upon by the appellants was also quashed.

(2.) The facts of the case are that the writ petitioner filed civil writ petition seeking quashing of the result dated 07.02.2012 and admission notice for the year 2012-13 on the ground that 25% seats were not reserved for the students belonging to the economically weaker sections and the disadvantaged group of society even though The Right of Children to Free and Compulsory Education Act, 2009 (in short 'the RTE Act') had come into force w.e.f. 01.04.2010. Accordingly, direction was prayed that admission should be offered in the 6 th class to the writ petitioner in the Sainik School, Kunjpura, Karnal. It was pleaded in the writ petition that the writ petitioner belongs to a disadvantaged group of society and a Scheduled Caste certificate was issued in favour of the mother of the writ petitioner by the competent authority on 09.02.2011. Certificate showing the income of the mother to be Rs. 800 per month was also appended. The respondentappellant no. 2-School had issued the admission notice for the session 2012-13 without reserving any seat for the economically weaker section and the writ petitioner had applied for the admission in 6 th class under 25% seats reserved and the result had been declared on 07.02.2012. Accordingly, the writ petition was filed placing reliance upon the RTE Act and judgment of this Court in Ankit's case

(3.) In the written statement filed by appellants, it was averred that the writ petitioner had participated in the entrance examination under the Scheduled Castes category in which 15% reservation was there and when the writ petitioner was not successful in the merit list, he adopted the present recourse to have admission in the school. The scheme to establish Sainik School was introduced in the year 1961 with the primary aim for preparing boys academically, physically and mentally for entering into National Defence Academy. The Sainik Schools admitted boys in classes 6 th and 9 th and 67% of the seats were reserved for boys from the State in which the school is located and the remaining seats were available to those outside the State. Further 25% were reserved for sons of defence personnel and ex-servicemen and 15% and 7-1/2% seats were reserved for admission of boys belonging to Scheduled Castes and Scheduled Tribes category respectively. The Sainik School did not start at Class I and started at Class VI and the provisions of Section 12(1)(c) of the RTE Act for providing free and compulsory education were not applicable to Sainik Schools as per letter dated 16.02.2012 which had been approved by the Government of India. Regarding the judgment passed by this Court in CWP No. 5350 of 2011 titled as Ankit (minor) vs. Union of India and others decided on 02.11.2011, it was pleaded at that time, the case for exemption under the provisions of Section 12(1)(c) of the RTE Act was under active consideration by the Ministry of Human Resources and Development. However, the same was not considered and 25% seats in the school for the academic session 2012-13 had not been reserved by the Government of India. The writ petitioner had not attached the Below Poverty Line card with the writ petition and had applied against the 15% seats in the Scheduled Castes category but had not come in the merit list published on 07.02.2012 under the reserved seats.