[Cites 7, Cited by 0]
Madras High Court
The Secretary To Government vs Page No.1 Of on 18 February, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
WA(MD)No.167 of 2026
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
Page No.1 of 10
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WA(MD)No.167 of 2026
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
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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 2nd
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
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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 103rd
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
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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 section to extend the benefit of reservation
to candidates, who are not provided with any reservation in the existing
scheme of admission in the educational institutions. Further the official
memorandum issued by the Social Justice and Empowerment instructing
Department of Personnel and Training (DoPT) and Ministry of Human
Resources Department to provide reservation in employment and
admission to educational institutions is meant only for higher education
and not for admission in Sainik Schools or other schools providing
school education and higher secondary education. He further submitted
that the learned Single Judge has misinterpreted the amendment to the
Constitution, which is an enabling provision and has directed the
respondents to accommodate the son of the writ petitioner's under the
economically weaker section category when there is no provision for
economically weaker section category/quota. The amendment followed
by official memorandum issued by the Ministry of Human Resources are
only recommendatory in nature and for implementation, the viability,
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feasibility and necessity has to be examined. Before collecting
quantifiable data, the respondents cannot be compelled to accommodate
the son of the writ petitioner under the non existing economically weaker
section quota.
6. Relying upon the dictum laid down by the Hon'ble Supreme
Court in M.Nagaraj v. Union of India reported in 2006 (8) SCC 212 at
Paragraph 123, the learned Additional Solicitor General would submit
that the learned Single Judge has ill-conceived the amendment to the
Constitution, Official Memorandum dated 17.01.2019 and the provisions
of Right to Education Act. Yet another ground raised by the learned
Additional Solicitor General is that the son of the petitioner has been
accommodated in the Sainik School on his own merit and therefore, the
writ petition filed with omni bus prayer in the nature of writ of mandamus
ought not to have been entertained.
7. The learned counsel for the respondent/writ petitioner admits
that the writ petitioner's son has been accommodated in the Sainik
Schools for the year 2025-26. However, the order of the learned Single
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Judge to be implemented for the subsequent years and to all candidates,
who would fall under Economically Weaker Sections category. He
would also submit that the second son of the writ petitioner has applied
for a seat in Sainik Schools and awaiting results and he will be getting
seat if the dictum laid down in the writ petition under challenge is
applied.
8. On considering the rival submission and examining the spirit of
the Constitutional amendment brought into force by introducing Articles
15(6) and 16(6), we agree with the arguments placed by the learned
Additional Solicitor General that these amendments were brought into the
Constitution to enable the State to provide reservation for the
advancement of economically weaker section of the citizens other than
the clauses mentioned in Clauses 4 and 5 of Article 15. It is open to the
State to make necessary provision in the respective Rules to
accommodate persons of economically weaker sections, who are not
provided with any protective discrimination in the existing scheme of
employment or admission in Institutions. As held by the Hon'ble
Supreme Court in Indra Swahney etc Vs. Union of India & Ors.,
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reported in AIR 1993 SC 477 as well as M.Nagaraj's case (supra),
reservation either on the social criteria or economical criteria may not
exceed the permissible limit and even it be exceeded, the same should be
supported by quantifiable data.
9. Insofar as economically weaker section being a category by
itself, it is for the State to take a policy decision as to what should be the
threshold to identify economically weaker sections. One cannot get
confused with the criteria laid by the Department of Personnel and
Training (DoPT) fixing the limit for identifying creamy layer with that of
identifying economically weaker sections. Both expressions connotes
different meaning as long as the States have not fixed the threshold for
economically weaker sections after collecting quantifiable data, the Court
cannot create an illusionary quota of economically weaker sections and
direct the Institutions to accommodate candidates under the said quota. If
this is permitted, candidates from other open category will be grossly
affected. Hence, we set aside the order of the learned Single Judge and
allow the writ appeal. We are conscious of the fact that the son of the
respondent herein has already been accommodated in the Sainik School
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and therefore, even iota of cause of action, which was available while
filing the writ petition does not survive after admission in the Sainik
Schools. Even on that ground, the writ petition is bound to be dismissed.
There shall be no order as to costs. Consequently connected
Miscellaneous Petition is closed.
(G.J, J.) (K.K.R.K, J.)
18.02.2026
NCC : Yes/No
Index : Yes/No
RR
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DR.G.JAYACHANDRAN, J
and
K.K.RAMAKRISHNAN, J.
RR
Order made in
DATED : 18.02.2026
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