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2026 DAILYLAW 9573 (UTT)

KHUSHAL v. THE UNION OF INDIA

WPMS/917/2026 · 2026-08-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010056932026 2026:UHC:7334 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/917/2026 Khushal --Petitioner Versus The Union of India and others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Ravi Bisht, Advocate, holding brief of Mr. Aditya Pratap Singh, Advocate for the petitioner. 2. Mr. Manoj Kumar, Standing Counsel for the Union of India. 3. Petitioner participated in a selection for admission in 8th standard in Rashtriya Indian Military College (RIMC), Dehradun. Since he was not allotted any seat, therefore, he filed this writ petition in April, 2026, seeking the following reliefs:- “i) Issue a writ, order or direction in the nature of Mandamus directing the Rashtriya Indian Military College (Respondent No. 2 herein) to fill the remaining one vacant seat for the January 2026 session strictly in accordance with the All India Merit List. ii) Issue a writ, order or direction in the nature of Mandamus directing the Respondents to consider and grant admission to the Petitioner Khushal, being next in order of merit, against the available vacant seats. iii) Issue a writ, order or direction in the nature of Mandamus directing the Respondents to act in a fair, transparent, and merit-based manner, and not to leave seats vacant when eligible candidates are available.” 4. A counter affidavit is filed by Rakesh Kumar, Assistant Administrative and Training Officer, RIMC, Dehradun. Para 14 of the said counter affidavit is extracted below:- “14. That the paragraph No. 11 of of the Writ Petition is wrong and admitted as stated. It is wrong to say that 36 seats have to be filled in each term. It is UKHC010056932026 2026:UHC:7334 submitted that the number of vacancies in each term is determined by the Army Training Command which prescribed 25 boys and 10 girls for the term commencing in Jan 2026. It is relevant to mention that the total authorized strength for girl cadets is now 50 in addition to 250 boy cadets. Separate arrangements are being made for accommodating girl cadets who have secured admission to RIMC starting from Jan 2024, and in respect of whom the Hon'ble Supreme Court of India has passed an order directing the higher authorities of the Respondent No. 2 to make provision for accommodating 100 girls cadets. The financial, administrative and logistical parameters for complying with the directions of the Apex Court are being worked out by the Government of India in consultation with the Ministry of Defence, HQ Army Training Command (ARTRAC) and RIMC, and have yet to be finalized and implemented. Based on the above, vacancy of 25 boys and 10 girls was approved within the framework of the infrastructural and logistical facilities available at RIMC including the classroom strength. It is reiterated that the admission notification issued by RIMC which the Petitioner mentions in this paragraph of the Writ Petition, by no stretch of imagination confers any right upon the Petitioner to secure admission to RIMC. It is wrong to say that the Petitioner cleared all the procedural requirements. It is wrong to say that RIMC was bound to take 36 admissions. All the vacancies as prescribed have been duly filled and the rank of the Petitioner is next in the order of merit in the All India Merit List. The candidate Avneet Thakur who left RIMC after joining had a score of 303.83 marks and the next candidate in the All India Merit List ie. Rishabh with a score of 302 marks was selected with regard to the candidate Shubham Swarup Das who also left after joining had a score of 290.25 marks and the next candidate in the All India Merit List was Dhruv Bahuguna with score of 285.25 marks who was selected. The Petitioner with 282.25 marks is next in the All India Merit List.” 5. Mr. Manoj Kumar, learned Standing Counsel appearing for respondents submits that there were only 35 vacancies available in 8th standard in RIMC and petitioner stood 36 in order of merit. He submits that as per policy, only one seat was earmarked for candidates belonging to Haryana State and that seat was already filled by admission to a student from State of Haryana, therefore, there was no vacancy left for the petitioner. He further submits that academic session in RIMC UKHC010056932026 2026:UHC:7334 starts in the month of January and the academic session is now over. He thus submits that the writ petition has become infructuous. 6. This Court do not find any scope for interference in the matter, as there is no one, who scored lower marks than petitioner and was admitted. 7. Since all the available vacancies were supplied by giving admission to students, who scored higher marks, therefore, the grievance raised by petitioner is without any substance. 8. The writ petition is, accordingly, dismissed. (Manoj Kumar Tiwari, J.) 17.08.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e 4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D09 5C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.08.18 10:12:39 +05'30'