RITU CHAUDHARY MINOR v. UNION OF INDIA AND 3 OTHERS
WRIC/24386/2024 · 2025-03-06
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80693 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80693 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:33676 Court No. - 32 Case :- WRIT - C No. - 24386 of 2024 Petitioner :- Ritu Chaudhary Minor Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rajesh Sharma Counsel for Respondent :- A.S.G.I.,Rajesh Tripathi Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:-
"i. Issue a writ, order or direction in the nature of mandamus to the respondents to take admission of the petitioner in Class-VI for Session 2024- 25 in General Category in their school. ii. Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. iii. Award cost of the writ petition to be paid to the petitioner."
3. Learned counsel for the respondents states that he does not propose to file counter affidavit and states that writ petition may be decided at this stage. 4. It appears that the petitioner has applied for admission in Navodaya Vidyalaya to Class-VI for the Session 2024-25 under O.B.C. Category. The name of the petitioner also appeared in the list of selected candidates under the O.B.C. Category. However, at the time of admission, on verification of documents of petitioner, it was found that the petitioner does not come under the O.B.C. Category rather she comes under the General Category. Accordingly, she was denied the admission. 5. Learned counsel for the petitioner has contended that immediately after filling the form under O.B.C. Category, she realised her mistake and approached the authority by submitting an application for correction in the form. Learned counsel for the petitioner has placed reliance upon a letter of the Principal of the School dated 03.04.2024 wherein it is stated that the petitioner
shall be admitted in the School provided she fulfils all the conditions for admission. 6. It is further contended that since a candidate, who obtained lesser marks than the petitioner, has been admitted, therefore, petitioner is also entitled to admission. 7. Per contra, learned counsel for the respondents would contend that there is no vacancy for admission under the General Category.
It is contended that since, the petitioner has applied under the O.B.C. Category, therefore, her claim was considered under the O.B.C. Category, and on verification of her documents, it was found that the petitioner belonged to General Category. It is contended that in such view of the fact, fault is of the petitioner in not submitting the correct form, and therefore, the relief prayed for by the petitioner cannot be granted. 8. Be that as it may, it is not disputed that the petitioner has applied for admission under the O.B.C. Category. It has also come on record that the petitioner's name appeared in the list of selected candidates under the O.B.C. Category. It is only upon the verification of the documents of the petitioner, it was found that she did not belong to O.B.C. Candidate rather she belongs to General Category candidate. In such view of the fact, the petitioner was denied admission in the School. 9. The fault is solely on the part of petitioner in submitting the form under wrong category. Since, there was no vacancy for admission under the General Category, therefore, the petitioner cannot be admitted under the General Category. 10. In such view of the fact, the relief prayed for by the petitioner in the present writ petition cannot be granted. 11. Consequently, writ petition lacks merit and is hereby dismissed with no order as to costs. Order Date :- 7.3.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad