Sikandar v. The Union Of India, Through Secretary Of Human Resource

Patna High Court CWJC No.21773 of 2012 (2) dt.24-01-2013 2 reservation quota of physically handicap candidate, which has not been published, erroneously after committing irregularity by the authority.” Learned counsel for the petitioner has submitted that when the son of the petitioner, namely, Suraj Kumar, was allowed to participate in the open competitive test for admission in Navodaya Vidyalaya under Physically handicapped category, he was supposed to be given the fullest of the protection of 1995 Act. In this regard he has also assailed the communication contained in Annexure 6, letter of the Principal of Jawahar Navodaya Vidyalaya, Ramankabad in the district of Munger by pointing out that whereas onus with regard to non-selection of the petitioner has been thrown by the Principal on the Navodaya Vidyalaya Samiti, there are information obtained by the petitioner under Right to Information Act which would go to show that there is no role of Navodaya Vidyalaya in such selection. Learned counsel for Navodaya Vidyalaya Samiti and the State, on the other hand, have contended that only protection under 1995 Act is for giving 3% vertical reservation in admission of the students and that has been rigorously followed. Reference in this connection has been made to paragraph nos. 4 and 5 of the letter of the Principal dated 6.8.2012 (Annexure-6) which reads as follows:- Patna High Court CWJC No.21773 of 2012 (2) dt.24-01-2013 3 "4. As stated earlier the publishing of result is done by CBSE, as per norms of NVS and reservation policy of central Govt. Please go though P.No.-3 sub heading "Rural candidates" stating that 75% seat will be filled by rural candidates implying 60 candidates. Only 60 candidates have been selected for Rural open quota excluding the PH candidates. Here it is also important to mention that PH Quota is one entity as a whole, 3% means

2.4 or two candidates. It has nothing to do with Urban/Rural but merit it self among all PH candidates. Still if you have any doubt the best thing is to contact CBSE they are in a better position to explain all this. The school has nothing to hide and disclose.

5. There are some other things also to be made clear. Please see admission booklet P. No. 03 last time which clearly states that the candidate will be considered as PH if and only 40% disability is certified. As least Xerox of PH certificates is essential. Such children are provided opportunity take exam only are humanitarian sympathetically grand in absence of 40% disability certificate by Doctor. The same has been done in your ward's case too in time to enable him get benefits of reservation." In the considered opinion of this Court the aforesaid letter of the principal address to the petitioner as contained in Annexure-6 is a complete answer to the issues raised by the petitioner. Moreover from a perusal of the materials on record Patna High Court CWJC No.21773 of 2012 (2) dt.24-01-2013 4 specially the select list, contained in Annexure 1, it is absolutely clear that the two students were selected and admitted under Physically Handicapped category, namely, Aman Kumar and Mayank Kumar. From the details given of these two candidates it is also apparent that whereas Aman Kumar belongs to the category of OBC, Mayank Kumar belongs to Scheduled Caste category. Admittedly the petitioner is a candidate of OBC and therefore, as per vertical reservation policy amongst Physically Handicapped his case at best could have been comparable with Aman Kumar. Unfortunately there is no averment in the writ application that the petitioner has secured more marks than Aman Kumar. That in fact should have been the end of the matter because what the learned counsel for the petitioner has relied is paragraph no.8 of the writ application in no way deals with the aforesaid aspect. Paragraph no.8 of the writ application in fact reads as follows: “That thereafter the respondent authority published the result of Jawahar Navoday Vidyalaya selection Test-2012 where surprisingly the name of the son of the petitioner has not find place in the same and then he raised his objection with challenge that he has answered all most all the questions properly, perfectly and correctly and asserted that knowingly and deliberately his name has been left out from the result sheet.” Patna High Court CWJC No.21773 of 2012 (2) dt.24-01-2013 5 If the petitioner had before him with the select list which has been enclosed by him as Annexure 1 and has found that there were two persons already selected from Physically Handicapped quota so as to complete 3% reservation for the Physically Handicapped, his only effort should have been to ascertain marks of his son. That has however been not done though the petitioner has obtained many other information under the Right Information Act. In such a situation all that can be done is that the petitioner has to be informed of the mark secured in admission test of his son, Suraj Kumar, and if it is found that he had secured more than Aman Kumar, the authorities of the school would be required to consider the case of the petitioner’s son for admission. If, on the other hand, Aman Kumar will be shown to have secured more marks in the admission test and he belonging to the same category as the son of the petitioner, there would be no question of the petitioner’s son being admitted. In order to complete this exercise and in fact to make the petitioner and his son satisfied this Court would give one indulgence to the petitioner to approach respondent no.9 limited to the query with regard to the marks obtained by Aman Kumar vis- à-vis petitioner’s son Suraj Kumar. If the petitioner approaches the Patna High Court CWJC No.21773 of 2012 (2) dt.24-01-2013 6 Principal of the school he will give the information in writing about such claim of the petitioner. This exercise will be completed within a period of one month from the date of the petitioner approaching the Principal (respondent no.9) alongwith a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha, J) surendra/-