Procedural requirements should not be used to deny justice or perpetuate injustice. Future prospects of children should be considered in admission decisions.

JUDGMENT

Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)--The present writ petition has been filed with prayer for directions to the respondent authorities to grant admission to the petitioner in Sainik School, since the petitioner has qualified on merits in the All India Sainik School Entrance Examination, 2022. The petitioner has not been granted admission since the petitioner in the application form indicated his domicile as State of Rajasthan, while the documents submitted by the petitioner pertained to his domicile for the State of Uttar Pradesh. On account of the said discrepancy, admission was denied to the petitioner.

2. The facts in brief are that the respondent No.1 Sainik School Society issued public notice for conducting All India Sainik School Entrance Examination for the academic year 2022-2023 through its nodal agency, i.e., National Testing Agency (NTA) for Standard 6th and 9th. Pursuant to the advertisement, the petitioner applied for admission to Class 6th. In the application form as submitted by the petitioner, the petitioner in the column for State of domicile mentioned Rajasthan. Along with the application form, the candidates were required to upload documents, which included photographs, signatures, thumb impression, domicile certificate and date of birth certificate.

3. Along with the application form for taking the aforesaid exam, the petitioner uploaded the documents as required by the respondents. The said documents have been filed along with the present petition. The domicile certificate submitted by the petitioner shows that the domicile of the petitioner is State of Uttar Pradesh. The birth certificate of the petitioner shows his place of birth as well as his address as State of Uttar Pradesh. The caste certificate uploaded by the petitioner is issued by the Government of Uttar Pradesh for Schedule Caste of Uttar Pradesh.

4. The petitioner took the entrance exam and qualified with good marks obtaining 233 marks out of a sum total of 300 marks. The scorecard as issued by the NTA, respondent No.2 shows the petitioner as qualified in the written test.

5. Thereafter, the petitioner was called for counselling by respondent No.3, i.e., The Sainik School, Jhunjhunu in Rajasthan, as per the domicile of State of Rajasthan filled by the petitioner in his application form for the exam. Medical of the petitioner was conducted and he passed in the medical test. The said document has been filed by the respondents along with their counter affidavit. However, the petitioner was denied admission as the petitioner was unable to submit any domicile certificate from the State of Rajasthan. It is the case of the petitioner that it is at that point of time that the petitioner came to know that due to some typographical error, the petitioner in his application form had mentioned his domicile status as that of Rajasthan, though all correct documents had been submitted, including domicile certificate from the State of Uttar Pradesh.

6. Thus, the petitioner made representations dated 23.03.2022, 24.03.2022 and 29.03.2022 to the respondents immediately. The petitioner received email dated 25.03.2022 from respondent No.2, i.e., NTA that it has no role to play in the admission process. Since the petitioner was denied admission, the present writ petition came to be filed by the petitioner in April 2022.

7. On behalf of the petitioner, it is contended that petitioner has qualified for admission in the Sainik School and has secured good marks. The petitioner was taking coaching from Rajasthan and thus, while filing the application form, the domicile status was mentioned as Rajasthan inadvertently. However, the petitioner has submitted all correct information as well as documents. Therefore, it is prayed that admission ought to be granted to the petitioner.

8. Ld. Counsel appearing on behalf of respondent Nos.1 and 3 has opposed the present petition vehemently. He submits that the information bulletin for the entra