Neutral Citation No. - 2025:AHC:29985-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 111 of 2025 Appellant :- Vaibhav Dwivedi Respondent :- State of U.P. and 2 others Counsel for Appellant :- Jagat Narayan Mishra Counsel for Respondent :- Ashutosh Tiwari, A.C.S.C. Ramanand Pandey Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal is directed against order dated 07.01.2025 passed by learned Single Judge in Writ C No. 22937 of 2024 whereby the writ petition filed by the petitioner questioning the cancellation of his candidature for Volleybal Stream in Guru Govind Singh Sports College, Lucknow, has been dismissed. 2. The petitioner applied for admission to the college in question and after passing the written examination, when he was subjected to biological test, his age was found to be 15 years and the maximum age seeking admission being 12 years, his candidature was rejected. Feeling aggrieved, the petitioner filed writ petition. 3. During pendency of the writ petition, by order dated 21.10.2024, learned Single Judge constituted a Medical Board for subjecting the petitioner to be examined for determination of his age. The Medical College constituted a committee for examination of biological age of the petitioner and opined that the age of the petitioner is 15-17 years. Based on the said medical report, learned Single Judge came to the conclusion that the order of cancellation of candidature of the petitioner did not require any interference. 4. Learned counsel for the appellant with the aid of judgement in Km. Sakshi Vs. Government of India and 3 Others : Special Appeal Defective No. 445 of 2024 decided on 24.09.2024 made submissions that once the petitioner had produced the school leaving certificate issued by the Basic Shiksha Parishad indicating a particular date of birth, there was no occasion for the respondents to subject the petitioner to further biological medical test. Reliance has also been placed on the birth certificate annexed with the petition. 5. We have considered the submissions made by the learned counsel for the appellant and have perused the material available on record. 6. The learned Single Judge ordered for subjecting the petitioner to medial check by a committee at Swaroop Rani Nehru Hospital, Prayagraj for determination of the biological age which was directed to be constituted by the Principal, Medical College, Prayagraj. It was further directed that the committee shall consist of doctors from the discipline of Orthopedics, Radiology and Dentist and not below the rank of Assistant Professor. The committee so constituted has given its report. Admittedly, no objection to the said report was filed before the learned Single Judge, wherein the age of the petitioner has been determined as 15-17 years. 7. Once the Medical Board has determined the age, which is much beyond the maximum age as prescribed in the advertisement, no case is made out in the appeal. 8. So far as the reliance placed on judgment in the case of Km. Sakshi (supra) is concerned, in the said case, the birth certificate was relied on and it was laid down that under Section 14 of the Right of Children to Free and Compulsory Education Act, 2009, the said indication was conclusive. However, in the present case, the appellant had relied on a school leaving certificate issued by the Basic Shiksha Parishad. Further the birth certificate relied on, is issued on 01.04.2024, the same is not contemporaneous i.e. issued at the time of Birth so as to give any authenticity to the said birth certificate. 9. In that view of the matter, no case for interference is made out in the present appeal and the same is, therefore, dismissed. Order Date :- 4.3.2025 Sandeep/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad