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2025 Supreme(Online)(P&H) 12276

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ADITYA BENIWAL – Appellant
Versus
UNION OF INDIA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: May 16, 2025 Master Aditya Beniwal through his mother/natural Guardian - Satsheel .....Appellant Versus Union of India and others ..... Respondent CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Mohit Garg, Advocate for the appellants. Mr. Vipul Aggarwal, Advocate for respondents No. 1 to 4.

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LISA GILL, J.

1. Prayer in this appeal is for setting aside order dated 29.04.2025 passed by learned Single Bench whereby CWP-16684-2024 filed by present appellant/writ petitioner has been dismissed.

2. CWP-16684-2024 was filed by present appellant, a minor through his mother and natural guardian for setting aside order dated 04.07.2024, Annexure P11, to the extent that appellant’s claim for change of category from ‘Home State – General’ to ‘Home State – Defence’ has been rejected.

3. Appellant/writ petitioner applied for admission to Sainik schools (class VI). He applied in Home State – General category for All India Sainik Schools Entrance Exam - 2024 (AISSEE) at National Testing Agency (NTA) website. Appellant qualified in the written test for Sainik School (SS) and New Sainik Schools (NSS) in the State of Haryana with All India Ranking 3677 and 258 marks. Appellant was allotted a seat at Sainik School, Rewari, in Round-II of e-counselling in Home State - General category. He completed admission formalities and took admission at SS, Rewari. It is the case of petitioner that due to some glitch in the website, his category is reflected as General category irrespective of fact that in the same application form, occupation of the father is clearly reflected to be ‘Defence Services’. It is stated that representation dated 11.03.2024 (Annexure P4) was submitted by mother of appellant stating that due to bonafide error, General category has been mentioned whereas the child is a Defence category student. It is submitted that appellant’s request was not considered and his category was not changed due to which he participated in first round of counselling at Sainik School, Kunjpura and Rewari. Cut off percentage in respect of General candidate was 266 and 261, respectively in the Boys category in these schools whereas for Defence personnel category, it was 265 and 250, respectively. In the second round of counselling, cut off for General category was 266 and 256 for admission to Sainik School, Kunjpura and Rewari whereas for Defence personnel category, it was 260 and 246, respectively. Appellant could also not avail the scholarship available to wards of Personnel serving in the Indian Army because he was admitted against General category.

4. CWP-11945-2024 was filed by petitioner which was disposed of on 20.05.2024, Annexure P10, whereby respondent – authorities were directed to decide representation submitted by him in a time bound manner. In compliance thereto, impugned order dated 04.07.2024, Annexure P11 with writ petition was passed. Under Secretary, Sainik School Cell, New Delhi vide impugned order dated 04.07.2024 decided that appellant is not entitled for change of category from ‘Home State – General’ to ‘Home State – Defence’. However, Principal, Sainik School Rewari was directed to provide Defence scholarship to appellant as per conditions laid down in Policy letter dated 04.08.2010. It is specifically observed in said order dated 04.07.2024 that last date for submission of application form for AISSEE - 2024 at NTA website, was extended from 16.12.2023 to 20.12.2023. Correction window for updation of details filed in the application form was provided on NTA website earlier from 18.12.2023 to 20.12.2023 which was further extended from 22.12.2023 to 24.12.2023. No correction was forwarded by appellant in respect to particulars in his application form during this correction window which was provided.

5. CWP-16684-2024 filed by appellant being aggrieved of said order dated 04.07.2024 was dismissed by learned Single Bench vide imp

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