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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J.
Minor K.T. Srivatsan Represented by his mother and next friend, T. Bhavithra & Others - Petitioners
Versus
The Sainik Schools Society, Represented by its Executive Chairman, New Delhi & Another – Respondents
W.P.Nos.12512, 10134, 10137, 10141, 10145, 10131, 10120, 10122, 10151, 10110 & 10126 of 2022 and Connected Miscellaneous Petitions
Decided On : 20-07-2022
Overweight - Sainik School Admission - Manual on Medical Examination and Medical Standards for entries into Army, Training Academies and Military Schools, 2016 Rule 54 - The court dismissed the writ petitions challenging the exclusion of the petitioners from the provisional selection list of Sainik Schools due to being medically unfit for being overweight and, in some cases, having phimosis. The court held that the medical fitness is paramount for students joining Sainik Schools, and it cannot sit on the expert opinion of the medical experts. The court also emphasized that the parents could have contacted the concerned Sainik School for clarification if required, as the selection process details were available on the school's website.
Fact of the Case:
The petitioners applied for admission to Class-VI in Sainik Schools but were declared medically unfit due to being overweight and, in some cases, having phimosis. They challenged the provisional selection list, alleging that the exclusion was arbitrary and not in line with the school's rules.
Finding of the Court:
The court dismissed the writ petitions, stating that the medical fitness is crucial for students joining Sainik Schools, and it cannot overturn the expert opinion of the medical experts. The court also noted that the selection process details were available on the school's website, and the petitioners could have sought clarification if needed.
Issues: The main issue was the exclusion of the petitioners from the provisional selection list of Sainik Schools due to being medically unfit for being overweight and, in some cases, having phimosis.
Ratio Decidendi: The court emphasized the paramount importance of medical fitness for students joining Sainik Schools and held that it cannot sit on the expert opinion of the medical experts. The court also noted that the selection process details were available on the school's website, and the petitioners could have sought clarification if needed.
Final Decision: The court dismissed the writ petitions, upholding the exclusion of the petitioners from the provisional selection list of Sainik Schools due to being medically unfit for being overweight and, in some cases, having phimosis.
JUDGMENT :
(Prayer in W.P.No.12512 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103020363 due to the reason of “overweight” and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC Category.
Prayer in W.P.No.10134 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103030106 due to the reason of “overweight” and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC Category.
Prayer in W.P.No.10137 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103030418 due to the reason of overweight and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC-NCL Category.
Prayer in W.P.No.10141 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103020462 due to the reason of overweight and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC Category.
Prayer in W.P.No.10145 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103020598 due to the reason of overweight and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC-NCL (Central List).
Prayer in W.P.No.10131 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103010034 due to the reason of overweight and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC Category.
Prayer in W.P.No.10120 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103010300 due to the reason of “overweight” and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School under ST (Home) category.
Prayer in W.P.No.10122 of 2022: Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Declaration declaring the provisional 1st merit list dated 11.04.2022 published by the 2nd respondent in their web site is null and void insofar as the non-inclusion of the petitioner Roll number 4103030412 due to the reason of overweight and consequently direct the respondents herein to admit the petitioner in Class VI in the second respondent School in OBC Category.
Prayer in W.P.No.10151 of 2022: Petitio
The paramount importance of medical fitness for students joining Sainik Schools and the court's inability to overturn the expert opinion of the medical experts.
Rejection of admission based on medical fitness does not violate constitutional rights; military schools impose strict eligibility criteria.
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 req....
The court affirmed that the SOP for WDP admissions was valid and did not violate equality principles, as it adhered to established guidelines.
RTI denials upheld under S.7(9), S.8(1)(j), S.11 absent public interest and appellant non-participation.
Procedural requirements should not be used to deny justice or perpetuate injustice. Future prospects of children should be considered in admission decisions.
The court established that candidates under the Sports Quota must be admitted based on their achievements, prioritizing those with higher qualifications as per the rules.
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