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2018 Supreme(Raj) 1275

ALOK SHARMA
NIKITA KUMARI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sameer Jain, Advocate.
For the Respondents:Ms. Mahi Yadav, Mr. R.D. Rastogi, ASG with Mr. Ashish Kumar, Advocates.

JUDGMENT :

Alok Sharma, J.

The petitioners impugn the advertisement for Pre-entrance Examination in AY 2018-19 for admission into the Sanik School Chittorgarh as issued by the Principal Sainik School Chittorgarh limited to eligible boys alone and prays for a direction that the respondents impleaded being Union of India, through Secretary Ministry of Human Resources Development and others, the State of Rajasthan and the Principal Sainik School be directed to allow the petitioners, all girl students to participate in the Pre-entrance Examination 2018-19 and seek admission in the Sainik School, Chittorgarh.

2. Aside of the merit of the petitioners' case alleging gender discrimination entailed in the exclusion of girl students from the pre-entrance examination in issue contrary to their rights under the Article 21-A of the Constitution of India as also the Rights to Children to free and Compulsory Education Act, 2009 ( hereafter 'the Act of 2009'), this court is required to first address the preliminary objection of Mr. R.D. Rastogi, ASG as to maintainability of the writ petition before the Jaipur Bench of the High Court of Judicature for Rajasthan, on ground of its lack of territorial ju
















































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