MANISHA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS writ petition has been fifed for a direction to the respondents to allow both the petitioners. Manisha Kumari and Neha Kumari to be admitted in Class -VI in the Session of 2005 against the existing vacant seat in Jawahar Navodaya Vidyalaya Chayan Pariksha, 2005 in which they have earlier been selected after a written test but subsequently they were informed that a medical test would be conducted by a Medical Board which Board declared the said two candidates overage.

(3.) THE respondents filed a counter affidavit in the Court enclosing Annexure -B. Annexure -B contains the chart with regard to the conclusion of Medical Board which was constituted under the Chairmanship of Civil Surgeon -cum -Chief Medical Officer Dr. S.K. Mahto. On 11.7.2005 at request made by Principal, Jawahar Navodaya Vidyalaya, Bhojpur. The name of petitioner no. 1 Manisha Kumari, appears at Serial No. 4 of the said chart and with respect to her approximate age has been given as between 14 to 15 years on 11.7.2005. Thus, even giving her the benefit of the lowerage her date of birth would be 11.7.1991 which clearly makes her over age in terms of the criteria laid down in the prospectus. Similarly with respect to Neha Kumari whose name appears at Serial No. 11 it has been found that she is aged between 16 years and 17 years and, thus, she is also overage in terms of the prospectus.