BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN WA(MD)No.167 of 2026 and CMP(MD) No.1750 of 2026 1. The Secretary to Government, Government of India Ministry of Personnel Public Grievances and Pensions Department of Personnel and Training North Block New Delhi 110 001.

2. The Secretary Ministry of Human Resource Development Government of India Shastri Bhawan New Delhi.

3. The Secretary Ministry of Higher Education Government of India 302C Shastri Bhawan New Delhi.

4.The Secretary Sainik School Society New Delhi - 11. Appellants Vs

1. Mohandoss, S/o. Nagarethinam No. 168 Palayamkottai Onthampatti Trichy District.

2.The Chairman National Testing Agency Okla Industrial Estate New Delhi. ... Respondents PRAYER :-Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order made in WP(MD). No.26623 of 2024 dated 14.07.2025.

For Appellants : Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.K.Govindarajan Deputy Solicitor General For Respondents : Mr.T.A.Ebenezer for R1 Mr.P.Karthick for R2

JUDGMENT

(Judgment of the Court was delivered by Dr.G.JAYACHANDRAN, J.)

One Mr.Mohandoss, father of Minor M.Harsith has filed a writ petition with omnibus prayer, which states as follows:

“Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned Reservation Criteria of the Sainik Schools issued in Para 6.2 and Appendix V of the Information Bulletin for the All India Sainik Schools Entrance Examination - 2024 issued by the 2^nd respondent and quash the same and consequent direction may be issued to the respondents to include reservation for Economic Weaker Section (EWS) as provided under the Constitution (One Hundred and Third Amendment) Act, 2019 in Sainik Schools Admission Reservation Criteria from All India Sainik Schools Entrance Examination – 2025”.

2. The case of the writ petitioner is that he belongs to Hindu Reddy Ganjam Community notified as Most Backward Class in the State list but not included in the Central list of Other Backward Classes (OBC). Claiming that his son is entitled to get admission in the Sainik Schools under the Economically Weaker Section Category, he has filed the said writ petition.

3. The learned Single Judge has allowed the writ petition stating that the petitioner's son is entitled to admission during the academic year 2025-26 in the respondent Sainik Schools and the same cannot be denied because of the lapse of time for admission at the respondent school. The learned Judge has further stated that the Office Memorandum dated 17.01.2019 issued by the Ministry of Social Justice and Empowerment Department, Department of Social Justice and Empowerment, New Delhi, has to be strictly implemented and the son of the writ petitioner must be accommodated under the Economically Weaker Section category.

4. The respondents, being aggrieved by the said order, is before this Court by filing the intra Court appeal.

5. The learned Additional Solicitor General would submit that the composite reading of the amendment to the Indian Constitution to Articles 15 and 16 by introducing 15(6) and 16(6) by way of 103^rd amendment to the Indian Constitution with effect from 14.01.2019 shall enable the State from making provision for reservation in the matter of promotion, appointment and admission in educational institutions to the Economically Weaker Section, which are not adequately represented. Pursuant to this amendment, Human Resources Development Department of Higher Education has issued official memorandum dated 17.01.2019 recommending reservation for economically weaker section for admission in Central Educational Institutions. This is only a recommendatory process, which requires further collection of data to identify economically weaker se