Dr. Anoop Mishra vs Union Of India
2021 Latest Caselaw 8604 MP

               THE HIGH COURT OF MADHYA PRADESH
                   Writ Petition No.27106/2021
         (Dr.Anoop Mishra Vs. Union of India and another)
                                (1)


Jabalpur, dated : 10.12.2021
         Ms.Supriya Singh, Advocate for the petitioner.
         Shri J.K..Jain, Assistant Solicitor General for the Union of
India.
         Heard learned counsel for the parties.
         The present writ petition has been filed seeking the following
reliefs:-
               (i) This, Hon'ble Court kindly may kindly be
               pleased to send for the record pertaining to the
               case of the petitioner.
               (ii) This, Hon'ble Court may kindly be pleased to
               issue a writ in the nature of Mandamus (allowing
               the petitioner's son to apply for online submission
               of form for the year 2021-22 for Autumn term
               (July) in class IX).
               (iii) This Hon'ble court may kindly be pleased to
               allow any such relief deemd just and proepr in
               view of the aforesaid facts and grounds, including
               th cost of the petition."

         Learned counsel for the petitioner submitted that the
petitioner is a doctor who runs a Hospital in District Sidhi. The
petitioner's son is 12 years old who is seeking admission in
Rashtriya Military School in the year 2021-22. Since the son of the
petitioner is not eligible in applying for the session 2021-22 as he
seeks admission in class 9 th and falls short of 21 days from his date
of birth which is 21.4.2009. The exams were not conducted in the
last session due to Covid 19 which can likely crave for seeking the
21 days short relaxation for applying for the session 2021-22. The
last date for submission of the online application form is 8.12.2021.
The petitioner is seeking a direction to the respondents to allow the

THE HIGH COURT OF MADHYA PRADESH Writ Petition No.27106/2021 (Dr.Anoop Mishra Vs. Union of India and another)

son of the petitioner to apply online so that his precious year and opportunity to apply in a prestigious Military Institute is not taken away.

On the other hand, Shri Jain, learned A.S.G. for the respondent/Union of India vehemently opposed the prayer and submitted that the terms and conditions as mentioned in the advertisement cannot be altered by this Court. He places reliance on the judgment dated 17.8.2021 passed by the High Court of Delhi in the case of Master Akash Yadav (minor) Vs. Union of India and others in W.P.(C) No.8520/2021 so also the judment of the Allahabad High Court in the cae of Ankit Chaturvedi Vs. Union of India and others, reported in 2015 SCC Online All 9106 and prays for dismissal of the petition.

Heard learned counsel for the parties and perused the record. It ought to be kept in mind that the primary role of the Court is to interpret the Rules and Regulations and no interference is called forwhen the Regulations are unambigious and the petitioner has been unable to point out a single reason for reduction of the age limit. This court cannot give directions to the respondents to enacat the Regulations which are tailor made to suit the conveniene or requirements of the candidates aspiring to appear in the entrance test.

Taking into consideration the facts and circumstances of the case so also the aforesaid enunciation of law, this court do not find any merit in the contentions advanced by learned counsel for the petitoiner. Even otherwise, the last date of filling up of examination form is already stood expired on 8.12.2021. Admittedly, this Court cannot alter or change the terms and conditions of the THE HIGH COURT OF MADHYA PRADESH Writ Petition No.27106/2021 (Dr.Anoop Mishra Vs. Union of India and another)

advertisement. More so, matters with regard to change in the conditions of advertisement ought not to be interfered with or else it would open pandora's box and lead to flood of litigation and similarly situated candidates like the petitioner would approach this Court praying for similar relief which would be difficult for this court to handle. Thus, finding no merit in the submission advanced by learned counsel for the petitioner, this court is not inclined to entertain this writ petition. The same is hereby dismissed in limine.

(S.A.Dharmadhikari) Judge HS

HEMANT SARAF 2021.12.16 16:29:51 +05'30'