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2025 DAILYLAW 80513 (KAR)

MASTER ADVITH M D v. UNION OF INDIA

WP/31636/2025 · 2025-11-17

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47221 WP No. 31636 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.31636 OF 2025 (EDN-RES) BETWEEN: MASTER ADVITH M D S/O. M.K. DEEPAK, AGED ABOUT 14 YEARS, R/AT. DOOR NO.280, 5TH MAIN, 6TH CROSS, SARASWATHIPURAM, MYSORE - 5700 09 REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SRI. M.K. DEEPAK. …PETITIONER (BY SRI. VACHAN B., ADVOCATE) AND: 1. UNION OF INDIA ROOM NO 305 'B' WING, SENA BHAWAN, NEW DELHI-110011 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. MINISTRY OF DEFENCE, ROOM NO 305 'B' WING, SENA BHAWAN, NEW DELHI-110 011. REPRESENTED BY ITS DEFENCE SECRETARY. 3. MINISTRY OF EDUCATION, DEPARTMENT OF HIGHER EDUCATION, NO.127-C, SHASTRI BHAVAN, NEW DELHI – 110 001. REPRESENTED BY ITS SECRETARY. 4. NATIONAL TESTING AGENCY, AN AUTONOMOUS ORGANIZATION Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47221 WP No. 31636 of 2025 UNDER THE DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF EDUCATION, GOVERNMENT OF INDIA FIRST FLOOR, NSIC-MDBP BUILDING, OKHLA INDUSTRIAL ESTATE, NEW DELHI, DELHI – 110 020. REPRESENTED BY ITS CHAIRPERSON. 5. THE SAINIK SCHOOLS SOCIETY, ROOM NO. 101, D-1, WING SENA BHAWAN NEW DELHI - 111 011. REPRESENTED BY ITS SECRETARY. 6. THE KODAGU SAINIK SCHOOL KUDIGE VILLAGE AND POST KUSHALNAGAR TALUK KODAGU DIST – 571 232. REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONER FOR THE SPOT COUNSELLING FOR CONSIDERING ADMISSION TO RESPONDENT NO. 6 SCHOOL AS PER THE WAITING LIST AT ANNEXURE D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:47221 WP No. 31636 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs: “ (a) Issue a Writ of Mandamus directing the Respondents to consider the Petitioner for the spot counseling for considering admission to Respondent No.6 School as per the waiting list At Annexure-D. (b) Issue a Writ of Mandamus directing the Respondent No.6 School to admit the Petitioner to the school by completing all formalities if found eligible to be given a seat in the spot counseling; (c) Grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case; (d) Cost/s of the petition.” 2. After arguing the matter for sometime, learned counsel for the petitioner on instructions submits that pursuant to the interim order dated 17.10.2025, petitioner participated in the spot counseling and opted for seat and hence petition may be disposed of reserving liberty to submit a representation to the respondent, who may be directed to consider the same within a stipulated time frame. 3. The said submission is placed on record. - 4 - HC-KAR NC: 2025:KHC:47221 WP No. 31636 of 2025 4. In view of the aforesaid facts and circumstances and the submissions made by learned counsel for the petitioner, the petition stands disposed of reserving liberty in favour of the petitioner to submit a fresh / new representation to the concerned respondent Nos.5 and 6. If such a representation is submitted by the petitioner, the concerned respondent Nos.5 and 6 shall consider the same and take appropriate decision / pass appropriate order within a period of one week from the date of submission of such representation. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court subsequently, if occasion so arises. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 9