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2022 Supreme(Raj) 1204

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Priyanshi – Appellant
Versus
Union Of India & Ors. – Respondents
S.B. Civil Writ Petition No. 9448/2022
Decided On : 17-10-2022

Advocates appeared:
Mr. Intjar Ali, Advocate., for the Petitioner
Mr. R.D. Rastogi, ASG wth Mr. Chandra Shekhar Sinha, Advocates., for the Respondent

The main legal point established in the judgment is the interpretation of the term 'Defence Personnel' in the context of admission criteria for Sainik School, emphasizing the specific eligibility requirements and the distinction between Defence Services and Defence Personnel.

Headnote:

Defence Personnel - Admission in Sainik School - AISSEE-2022 - Rules of 1957, CCA Rules 1965 - The court discussed the definition of 'Defence Personnel' and its application in the context of admission in Sainik School. It highlighted the eligibility criteria, serving certificate requirements, and the distinction between members of Defence Services and Defence Personnel. The court also referenced a judgment of the Hon'ble Apex Court of India to support its decision.

Fact of the Case:

The petitioner sought admission in Sainik School under the 'Defence Personnel' quota based on her father's employment in the Central Ordnance Depot, Agra. The respondents denied admission, stating that only wards of Indian Army, Indian Navy, and Indian Air Force personnel were eligible for the reservation.

Finding of the Court:

The court found that the petitioner's father, as a civilian employee in the Defence Services, did not qualify as 'Defence Personnel' under the admission criteria. It emphasized the specific requirements for serving certificates and the distinction between Defence Services and Defence Personnel. The court dismissed the writ petition as devoid of merit.

Issues: The main issue was whether the petitioner was entitled to admission in Sainik School under the 'Defence Personnel' quota based on her father's employment in the Central Ordnance Depot, Agra.

Ratio Decidendi: The court's decision was based on the interpretation of the admission criteria, serving certificate requirements, and the distinction between members of Defence Services and Defence Personnel. It also referenced a judgment of the Hon'ble Apex Court of India to support its decision.

Final Decision: The writ petition was dismissed, and no order was required to be passed on the application seeking impleadment of another party.

JUDGMENT

1. This writ petition has been filed seeking a direction for the respondents to grant the petitioner admission in Class-VI (Girls) against the wards of "Defence Personnel" Quota in Sainik School, Jhunjhunu.

2. The relevant facts in brief are that the petitioner qualified the written examination of All India Sainik School Entrance Examination-2022 (for brevity, "AISSEE-2022) and also cleared the medical examination. Since, her name figured in the second merit list published by the respondents for admission, she was called for document verification on 22.04.2022 whereupon, she appeared on the scheduled date for document verification; but, she has been denied admission stating that she is not entitled for reservation meant for wards of Defence Personnel as her father works as a civil employee in Central Ordnance Depot, Agra. Claiming that since her father is also a "Defence Personnel", the petitioner is entitled for admission in the Sainik School, Jhunjhunu against the reserved quota, this writ petition has been filed.

3. The respondents have, in their reply, submitted that since, only the members of Indian Army, Indian Navy and Indian Air Force constitute "Defence Personnel" for the purpose of quota for their wards for admission in the Sainik School, the petitioner is not entitled for admission as her father does not fall under the aforesaid category.

4. Reiterating the submissions made in the writ petition, learned counsel for the petitioner submits that her father, being an employee in the Central Ordnance Depot, Agra, a part of defence services, she is entitled for admission in the Sainik School against the quota reserved for wards of Defence Personnel. Inviting attention of this Court towards the identity card issued to her father, learned counsel submits that he has been reckoned therein as a member of "Indian Armed Forces Civilian." Referring to the definition of "Civilian Government Servant" under the Defence Services (Field Service Liability) Rules, 1957 (for brevity, "the Rules of 1957"), he submits that since, he holds a civil post in the Defence Services of the Union specified in Schedule I and can be posted in "Field Service" also, he is a member of Defence Services. He submits that while extending him appointment vide order dated 27.10.2007, a certificate was obtained from him that he would be liable for "Field Services". Learned counsel further submits that Defence Services, as defined under the Central Civil Services (Classification, Appeal and Control) Act, 1965 (for brevity, "CCA Rules, 1965") means services under the Government of India in the Ministry of Defence paid out of the Defence Services Estimates and hence, petitioner's father being a member of the Defence Services, as salary to him is being paid out of the Defence Services Estimates, she is entitled for benefit of quota. Learned counsel submits that in absence of definition of "Defence Personnel", the petitioner being daughter of an employee in the Defence Services of the Union of India, is entitled for benefit of reservation quota meant for their wards for admission in the Sainik School. He, therefore, prays that the writ petition be allowed and the respondents may be directed to accord her admission in Class-VI for the Academic Sessions 2022-23 in the Sainik Schook, Jhunjhunu.

5. Per contra, learned counsel for the respondents, inviting attention of this Court towards the various provisions contained in the Information Bulletin issued by the National Testing Agency for admission in the Sainik Schools, would submit that wards of persons working in Indian Army, Indian Navy and Indian Air Force only, are entitled for the benefit of reservation quota. Admitting that the terminology "Defence Personnel" has not been defined anywhere, he submits that from the tenor of the Information Bulletin, it is apparent that wards of civilians working in the Defence Services are not entitled for the benefit of reservation. Learned counsel submits that even the pro

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