SPA/305/2015
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Uttarakhand High Court

SPA/305/2015 on 1 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                 2025:UHC:5575-DB
              Office Notes,
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      Date    or directions                       COURT'S OR JUDGE'S ORDERS
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                               Delay Condonation Application (CLMA No. 7493 of 2015)
                               In
                               SPA/305/2015
                               Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

There is no representation for the parties.

2. There is 40 days delay in filing the Special Appeal. For the reasons indicated in the delay condonation application, we are inclined to condone the delay of 40 days in filing the Appeal. Accordingly, delay condonation application is allowed.

3. This intra-court appeal is filed by writ-petitioner challenging judgment dated 21.04.2015 passed by learned Single Judge in Writ Petition (M/S) No. 971 of 2014. By the said judgment, his writ petition was dismissed. Operative portion of the impugned judgment is extracted below:-

"If Act, Rules and Regulations provide specific procedure, it has to be strictly followed and no relaxation can be granted without there being any provision of relaxation. Since, as per the Rule 3.23 (e) (iii) the date of birth of the students shall be considered as mentioned in the service record of the serviceman, therefore, date of birth of the petitioner is correctly held to be 07.03.2002 as mentioned in the service record of the father of the petitioner.

Since, petitioner was born on 07.03.2002, as per the service record of the father of the petitioner, therefore, he was above 12 years of age as on 02.07.2014.

Moreover, petitioner is guilty of giving incomplete and wrong information. Since, he has not shown in the admission form that his father is serving in J & K Rifles.

No other document showing his date of birth contrary to the date of birth as shown in the service record of the father of the petitioner can be taken into account.

2025:UHC:5575-DB There is no material made available on the record that Record Office of the Indian Army has decided to change the date of birth of the petitioner as 02.07.2003. Therefore, date of birth as shown in the Record Office i.e. 07.03.2002 was correctly accepted by the School Authorities.

Consequently, the writ petition fails and is hereby dismissed."

4. The relief sought by the appellant in his writ petition is extracted below:-

"(i) a writ order or direction in the nature of mandamus an interim mandamus commanding the respondents to admit the petitioner in Class VI in Sainik School Ghorakhal Nainital, under Schedule Caste Category seat being selected candidate in Entrance Exam for admission for the academic Session 2014-15 and let the petitioner complete his studies."

5. From the relief clause, it is apparent that writ- petitioner had sought a mandamus to direct the school authorities to admit the petitioner in 6th standard in the Sainik School during academic session 2014-15. The relief as claimed in the writ petition cannot be granted at this belated stage even if the Appeal is allowed. Moreover, learned Single Judge has given valid reasons for dismissing the writ petition.

6. Thus, any interference with the final order passed by learned Single Judge would be unwarranted.

7. Accordingly, Special Appeal is dismissed.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 01.07.2025 Navin

NAVEEN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046 f487df006da82a131bb4e4403d3c0a15,

CHANDRA postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.07.02 09:57:14 +05'30'