JUDGMENT

Dr. B.R. SARANGI, J. - The petitioner-Asutosh Sahu, who is a minor, represented by his father guardian, has filed this application to quash Annexure-3 dated 24.05.2018, the list of rejected candidate showing rejection of application of the petitioner for admission into class-I in Kendriya Vidyalaya, Berhampur on the ground of “wrong selection of category”; and further seeks for direction to opposite party no.4 to admit him in Class-I in Kendriya Vidyalaya, Berhampur for the academic session 2018-19.

2. The factual matrix of the case, in hand, is that petitioner’s the father is working as Gramin Dak Sevak Branch Postmaster at Jhadankuli, Berhampur under the Ministry of Communications and I.T., Department of Posts of the Government of India. Pursuant to notification issued by the Principal, Kendriya Vidyalaya, Berhampur, the father of the petitioner applied for admission of his son in Class-I in the priority service category-I. On consideration of his application, the selection committee prepared a list of selected candidates in which the name of the petitioner was found place at Sl. No.89. Consequentially, the petitioner’s father was called upon by the School authority along with all original documents accompanied by the petitioner and his mother. On the date fixed, the petitioner’s father appeared, but opposite party no.4 informed that the petitioner cannot be admitted into the School, as he (father of the petitioner) is not coming under the priority service category-I, being not a central government employee, and accordingly issued the list of rejected candidates in Annexure-3 dated 24.05.2018 indicating “wrong selection of category”. Hence this application.

3. Mr. Biplaba P.B. Bahali, learned counsel for the petitioner contended that the father of the petitioner, who is working as Gramin Dak Sevak, is a Central Government employee working under the Department of Posts of the Government of India as Branch Postmaster and has been drawing salary from the consolidated fund of India. As such, the Ministry of Communications and I.T., Department of Posts, Government of India issued a letter on 01.08.2008 under Annexure-6 series recognizing the contribution of Gramin Dak Sevaks in providing postal services in rural parts of the country and as a gesture of goodwill the Minister of State (Communications and I.T) wrote to the Minister of Human Resources Development for extending the eligibility for admission to Kendriya Vidyalayas in favour of children of Gramin Dak Sevaks. In such view of the matter, the petitioner’s father is a Central Government employee and as such his son, the petitioner herein, is entitled to get admission into Class-1 in Kendriya Vidyalaya, Berhampur. It is further contended that in the previous year similarly situated candidates, who were the children of Gramin Dak Sevaks, were granted the benefit of employees of Central Government and admitted to Kendriya Vidyalaya. Therefore, non-admission of the petitioner’s son in the year in question amounts to discrimination and hence, arbitrary and unreasonable and contrary to provisions of law. It is further contended that if the application of the petitioner was considered and his name found place in the select list at serial no.89, and his father being a Central Government employee coming under the priority service category-I, non giving of admission to the petitioner and rejection of his application subsequently, is not justified. Therefore, the petitioner seeks for quashing of the list of rejected candidates under Annexure-3 dated 24.05.2018 indicating “wrong selection category”, as the same cannot sustain in the eye of law.

To substantiate his contentions, he has relied upon The State of Assam v. Kanak Chandra Dutta, AIR 1967 SC 884; Superintendent of Post Offices v. P.K. Rajamma, (1977) 3 SCC 94:AIR 1977 SC 1677; Y.Najithamol v. Soumya S.D., AIR 2016 SC 3789; Asha v. PT. B.D.Sharma University of Health Sciences, (2012) 7 SCC 389; Chandigarh Administrati