HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9448/2022

Ms. Priyanshi D/o Sandeep Kumar, Aged About 10 Years, Minor

Through Her Natural Guardian Father Sandeep Kumar S/o

Mahendra Singh, Aged About 36 Years, R/o 30/8, B- Block, Rana

Pratap Colony, Sadar Bazar, Agra (U.p.)-282001.

----Petitioner

Versus

1.

Union Of India, Through Its Secretary To Ministry Of

Defence, Government Of India, Government Secretariat,

Building, Rasina Hill, New Delhi.

2.

Sainik School Society Through Its Honorary Secretary,

Minister Of Defence, Room No. 101, D-1 Wing, Sena

Bhawan, New Delhi- 110001.

3.

Sainik School Jhunjhunu Through Its Principal, Dorasar

Road, Jhunjhunu, District Jhunjhunu (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Intjar Ali

For Respondent(s)

:

Mr. R.D. Rastogi, ASG wth

Mr. Chandra Shekhar Sinha

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

17/10/2022

This writ petition has been filed seeking a direction for the

respondents to grant the petitioner admission in Class-VI (Girls)

against the wards of “Defence Personnel” Quota in Sainik School,

Jhunjhunu.

The relevant facts in brief are that the petitioner qualified the

written examination of All India Sainik School Entrance

Examination-2022 (for brevity, “AISSEE-2022) and also cleared

the medical examination. Since, her name figured in the second

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[CW-9448/2022]

merit list published by the respondents for admission, she was

called for document verification on 22.04.2022 whereupon, she

appeared on the scheduled date for document verification; but,

she has been denied admission stating that she is not entitled for

reservation meant for wards of Defence Personnel as her father

works as a civil employee in Central Ordnance Depot, Agra.

Claiming that since her father is also a “Defence Personnel”, the

petitioner is entitled for admission in the Sainik School, Jhunjhunu

against the reserved quota, this writ petition has been filed.

The respondents have, in their reply, submitted that since,

only the members of Indian Army, Indian Navy and Indian Air

Force constitute “Defence Personnel” for the purpose of quota for

their wards for admission in the Sainik School, the petitioner is not

entitled for admission as her father does not fall under the

aforesaid category.

Reiterating the submissions made in the writ petition,

learned counsel for the petitioner submits that her father, being an

employee in the Central Ordnance Depot, Agra, a part of defence

services, she is entitled for admission in the Sainik School against

the quota reserved for wards of Defence Personnel. Inviting

attention of this Court towards the identity card issued to her

father, learned counsel submits that he has been reckoned therein

as a member of “Indian Armed Forces Civilian.” Referring to the

definition of “Civilian Government Servant” under the Defence

Services (Field Service Liability) Rules, 1957 (for brevity, “the

Rules of 1957”), he submits that since, he holds a civil post in the

Defence Services of the Union specified in Schedule I and can be

posted in “Field Service” also, he is a member of Defence

Services. He submits that while extending him appointment vide

(3 of 9)

[CW-9448/2022]

order dated 27.10.2007, a certificate was obtained from him that

he would be liable for “Field Services”. Learned counsel further

submits that Defence Services, as defined under the Central Civil

Services (Classification, Appeal and Control) Act, 1965 (for

brevity, “CCA Rules, 1965”) means services under the Government

of India in the Ministry of Defence paid out of the Defence

Services Estimates and hence, petitioner’s father being a member

of the Defence Services, as salary to him is being paid out of the

Defence Services Estimates, she is entitled for benefit of quota.

Learned counsel submits that in absence of definition of “Defence

Person