JUDGMENT :

1. Heard learned counsel for the parties.

2. This appeal is directed against the order dated 12.03.2024 passed by learned Single Judge in Writ-C No. 36343 of 2022, whereby the writ petition, filed by the appellant, has been dismissed.

3. The writ petition was filed on 23.11.2022 seeking direction to the respondents no. 2 to 4 to admit the petitioner in Class-VI, academic session 2022-23 to Jawahar Navodaya Vidyalya, Jagdishpur Gaura, Sant Kabir Nagar and consider the candidature of the petitioner for admission in Class-VI of academic session 2022-23 to the said School.

4. It was, inter alia, indicated that petitioner applied for admission in Class-VI in the School claiming her date of birth to be 25.01.2011, which was supported by date of birth certificate, aadhar card and vaccination certificate. The petitioner was selected in the merit list and placed at sl.no. 39 and was admitted to the institution. However, the Principal of the institution, suspecting the age of the petitioner, sent the petitioner for medical examination. Chief Medical officer, submitted a report dated 10.08.2022 giving his opinion that the age of the petitioner was above 15 years, i.e., two years more than the maximum age limit prescribed for admission to Navodaya Vidyalya. On the basis of the aforesaid opinion of the Chief Medical Officer, the petitioner was denied admission to the School leading to filing of the petition.

5. Submissions have been made that in terms of provisions of Section 14 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as ‘the Act’) and Rule 13 of Right of Children to Free and Compulsory Education. Rules, 2010, the petitioner was entitled to admission on the basis of age recorded in her date of birth certificate and medical certificate was not relevant. Submissions were made that there was no reason to suspect the entries in the documents produced to be fictitious or erroneous. Submissions were made that even though the academic session for Class-VI is over and the academic session 2023-24 of Class-VII is almost over, the cause of action for the petitioner still survives and the petitioner is entitled to be admitted to Class-VIII or in the alternative may be permitted to appear in Class-VII examinations.

6. The submissions made were opposed on the ground that in view of the brochure of the School, respondents were empowered to get the age of the petitioner examined by a medical board and the declaration given by the medical board is final and, therefore, the petition deserves dismissal.

7. Learned Single Judge, relying on the judgment in Writ-C No. 36988 of 2022 decided on 05.12.2022, dismissed the writ petition.

8. In Writ-C No. 36988 of 2022, learned Single Judge had dismissed the writ petition in relation to a certificate issued by one private hospital, which did not bear signature of any doctor or any responsible officer of the hospital and also did not indicate the date on which the certificate was issued. Based on the said facts, the Court came to the conclusion that no mandamus, as prayed, can be issued.

9. During the pendency of the present appeal, on 02.08.2024, it was observed by the Court that appellant had relied on a birth certificate issued by the Gram Panchayat, Hanisar Bazar, Tehsil Dhanghata, District Sant Kabir Nagar and that the authenticity of the said document has not been examined and based on appearance of the appellant, she was subjected to medical examination wherein she was found to be overage and, therefore, the Standing Counsel was directed to get a report pertaining to the authenticity of the said birth certificate from the concerned Gram Panchayat.

10. Pursuant to the aforesaid direction, the Government Counsel produced the report which, inter alia, indicated that birth certificate produced by the petitioner indicating her date of birth as 25.01.2011 was genuine and documents have been produced, including the family register, indicating the same date of birt