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2016 Supreme(UK) 208

U.C.DHYANI
Abhay Chaudhary – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pradeep Chamyal, Advocate present for writ petitioner.
For the Respondent No.1: Mr. Rakesh Thapaliyal, Asstt. Solicitor General.
For the Respondent Nos. 2 & 3:Mr. Vikas Pandey, Advocate.

JUDGMENT :

U.C. Dhyani, J.

1. By means of present writ petition, the petitioner seeks following reliefs, among others:

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to include the name of the petitioner in the list of selected students of class 6th admission (session 2015-16), declared by the Principal, Jawahar Navodaya Vidyalaya, Rudrapur.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give admission to the petitioner in class 6th standard for the session 2015-16.”

2. According to the petitioner, his date of birth is 07.12.2004. A birth certificate issued by Registrar (Births & Deaths), Rudrapur (Annexure-3 to the writ petition) affirms the same. The petitioner applied for admission in Class VI in the Jawahar Navodaya Vidyalaya, Rudrapur, District Udham Singh Nagar. When a medical fitness test of the petitioner was conducted, the medical officer had some doubt about the age of the petitioner and informed the Principal, JNV, who, in turn, referred the petitioner for determination of age before the Chief Medical Officer, Udham Singh Nagar.

3. The Chief Medical Officer, Udham Singh Nagar, on the rec































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