Patna High Court
Shambhu Sharan Kumar vs Union Of India, Through The ... on 12 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2372 of 2021
======================================================
Shambhu Sharan Kumar, S/o Sri Chandrika Singh, At present R/o Sarmera
Kothi, Opp. Maa Sarda Complex, Near Mangal Chowk, Khemnichak, P.s.
Ramkrishna Nagar, District-Patna. Permanent R/o Village Kochgawan, P.S.
Warisaliganj, Dist. Nawada.
... ... Petitioner/s
Versus
1. Union of India, through the Cabinet Secretary, Cabinet Secretariat,
Rashtrapati Bhawan, New Delhi.
2. The Secretary, Department of School Education and Literacy Ministry of
Education, Government of India.
3. National Testing Agency Through The Joint Secretary, The Ministry of
Education, Block C20/1A/8, Sector 62, IITK Outreach Centre, Gautam
Budha Nagar, NOIDA-201309. Email Id [email protected]
4. The Commissioner (NVS), Navodaya Vidyalaya Samiti, B-15, Institutional
Area, Sector 62, NOIDA UP-201307. Email [email protected]
5. The Deputy Commissioner, The Navodaya Vidylaya Samiti, Karpuri Thakur
Sadan, Kendriya Karalay Parisar, Block A & B, 5th Floor, Ashiyana Digha
Road, Patna-800025. [email protected]
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar, Advocate
Mr. Dinkar Kumar, Advocate
Mr. Shiv Pratap, Advocate
Mr. Santosh Kumar, Advocate
For the Respondent/s : Mr.Dr.K.N.Singh (ASG)
Mr. Satyavrat Verma, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Patna High Court CWJC No.2372 of 2021 dt.12-07-2021
Date : 12-07-2021
Petitioner has prayed for the following
relief(s):
I. "To issue writ in the nature of
certiorari,
implementing the EWC category in the ongoing
admission selection procedure published in the
Web Portal Notification for admission in
academic session 2021-22 in respective
institutions [All India Sainik Schools and the
Jawahar Navodaya Vidyalay] issued by the
concerned Respondents, whereby clause for
10% reservation under EWS category is omitted
which being absolutely unconstitutional.
I1. To issue an writ in the nature of
mandamus
directing the Respondents to issue fresh
admission notification in light of amendment
made in Article 15(6) (b) and 16(6) of the
constitution of India by (103rdAmendment Act)
2019 and which enables the State to provide the
benefits of reservation on preferential basis to
the Economically Weaker Sections (EWSs) in
civil posts and services in the Government of
India and admission in Educational Institutions
solely on the basis of economy.
III. To any other relief/reliefs
which this Honourable Court may find suitable
in the interest of the society & and for providing
10% EWS reservation in admission to school,
Patna High Court CWJC No.2372 of 2021 dt.12-07-2021
without adversely affecting the proportionate
seats of SCs, STs and OBCs."
Having heard learned counsel for the parties,
we see no reason to even issue notice in the present petition.
Bare reading of the prospectus indicates that the Government
itself has taken care of those students who hail from the
economically weaker section, also from the reserved category of
Scheduled Caste and Scheduled Tribe. 27% reservation stands
additionally provided to O.B.C. candidates over and above the
quota provided for students hailing from S.C./S.T. category. The
prospectus itself clarifies that the O.B.C. is not included in the
list as 'general' category candidates.
Our attention is invited to the provision of
Article 15(6) of the Constitution of India.
Well, no right of the student can be said to
have been flown through the said Article, more so in the absence
of any legislation/policy in place. The petitioner, who claims to
be a public spirited person, can highlight the issue, if any, with
the appropriate authority for we do not find the prospectus
issued for admission into the All India Sainik Schools and
Jawahar Navodaya Schools for the academic sessions 2020-
2021 and 2021-2022, in any manner, to be repugnant to the
Patna High Court CWJC No.2372 of 2021 dt.12-07-2021
provisions of Constitution of India or any Statute.
Also how the action is in violation of the
decision rendered by the Hon'ble the Apex Court in (2002) 8
SCC 481 (T.M.A.Pai Foundation & Ors. vs State Of Karnataka
& Ors), is not clearly made out in the petition.
As such, we dispose of the present petition,
reserving liberty to the petitioner to highlight the issue, if any,
before the appropriate forum.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 16.07.2021
Transmission Date
