2025 PHHC 054881
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, J.
Master Aditya Beniwal – Petitioner
Versus
Union of India And Others – Respondents
CM-19671-CWP-2024 with CM-6048-CWP-2025 in/and CWP-16684-2024 (O&M)
Decided On : 29-04-2025
Advocates Appeared :
For the Petitioner : Mr. Mohit Garg, Advocate with Mr. Mohit Saini, Advocate
For the Respondent : Mr. Vipul Aggarwal, Sr. Panel Counsel, Mr. Arun Gosain, Advocate, Mr. Pardeep Kumar Rapria, Advocate
| Table of Content |
|---|
| 1. application for admission in sainik school (Para 1 , 2 , 3) |
| 2. petitioner's inadvertent category mistake (Para 4 , 5) |
| 3. respondents' argument on correction window (Para 6 , 7) |
| 4. law on admissions and corrections after submission (Para 8 , 9 , 10) |
| 5. admissions must comply with conditions (Para 12 , 13 , 14) |
| 6. petitioner’s choice impacts others' admissions (Para 15 , 16) |
| 7. impact of changing category on other candidates (Para 17) |
| 8. court's rejection of petitioner's request (Para 18 , 21) |
| 9. petitioner's request for school transfer (Para 22 , 23) |
| 10. conclusion and disposal of pending application (Para 24) |
JUDGMENT :
Harsimran Singh Sethi, J.
CM-19671-CWP-2024
1. This is an application for placing on record reply and Annexure R-5/1 to R-5/2 on behalf of respondent Nos.5.
2. Keeping in view the contents mentioned in the application, the same is allowed. Reply and Annexure R-5/1 to R-5/2 on behalf of respondent Nos.5 is taken on record subject to all just exceptions.
CM-6048-CWP-2025
1. This is an application for impleading the applicant Master Nitin as respondent No.6 in the present writ petition.
2. In view of the contents mentioned in the application, the same is allowed. The applicant Master Nitin be impleaded as respondent No.6 as party to the present petition only for the purpose of prosecuting the present case.
3. Registry is directed to make necessary changes in the memo of parties by impleading the applicant Master Nitin as respondent No.6 as party to the present petition.
CWP-16684-2024 (O&M)
1. In the present petition, the grievance being raised by the petitioner is that the petitioner who is a minor and is represented by his mother had applied for admission to the Sainik School within the State of Haryana. While filling up the form to appear in the entrance examination for getting the admission in the Sainik School, the petitioner filled up the category as “General” instead of “ward of Defence Personnel” and vide implugned order dated 04.07.2024 (Annexure P-11), the claim of the petitioner to change the category has been rejected, which is causing prejudice to the petitioner.
2. The petitioner competed in the examination for admission to the Sainik Schools and was ultimately selected in the Sainik School, Rewari whereas, the petitioner is claiming that the petitioner-candidate is that instead of being treated as a “General Category” candidate, the candidature of the petitioner should be treated as a “ward of Defence Personnel” and his merit should be revised so that, he is granted admission in any other Sainik School in the State of Haryana.
3. The prayer of the petitioner-candidate is that filling of the category as “General” was inadvertent on the ground that in the application itself where, the petitioner-candidate has given the details of his father it is mentioned that he is a member of armed forces.
4. Learned counsel for the petitioner submits that the inadvertently, by mistake, wrong category was filled while filling up the form by the petitioner-candidate and the said mistake should have been condoned by the respondent so as to re-consider the claim of the petitioner- candidate in the “Defence Category” to grant the petitioner-candidate the admission in any other Sainik School than the one where the petitioner has been granted the admission being a “General Category” candidate.
5. Upon notice of motion, the respondents have appeared and filed the reply. In the reply, the respondents have stated that the plea which is being taken by the petitioner is that filling of the “General Category”, is inadvertent, which is in correct.
6. Learned counsel for the respondent submits that after the filling up of the form and the last date, the candidates were given a correction window of 3 days to correct any of the information filled up by the candidate whereas the petitioner-candidate never availed of the option of said correction window at any time till, his case was considered in the “General Category” and he was allocat
Inderchand Jain (D) through LRs. Vs. Motilal (D) through LRs
Candidates must adhere to the category selected in admission forms post-deadline, with inadvertent errors not permitting rectification, ensuring fair competition.
The main legal point established is that interchangeability of SC and ST seats is permissible under Rule-2.6 of the JNV Selection Test-2021, subject to a maximum of 50% for both categories.
Procedural requirements should not be used to deny justice or perpetuate injustice. Future prospects of children should be considered in admission decisions.
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