TARUN AGARWALA,J. - (1.) THE petitioner sought admission in Class I in A.M.U. Girls High School, Aligarh which is maintained by the Aligarh Muslim University. The petitioner's name was found in the provisional list and her admission was subject to scrutiny of the Date of Birth Certificate and/or subject to clearance from the Medical Board for over age candidates. The petitioner's admission was rejected by the Admission Committee on the ground that she was found to be overage. The petitioner, being aggrieved, has filed the present writ petition.
(2.) THE learned counsel for the petitioner submitted that the birth certificate was issued by the Department of Health, Nagar Nigam, Aligarh indicating that the date of birth of the petitioner was 24.8.2004. This birth certificate has been issued under Section 12/17 of Registration of Births and Deaths Act, 1969 read with Rule 8/13 of the Uttar Pradesh Registration of Births and Deaths Rules, 2003. The petitioner, therefore, contends that the action of the Admission Committee, in rejecting the admission of the petitioner, was patently arbitrary and also illegal. A counter affidavit has been filed by the Aligarh Muslim University indicating that over age students are applying for admission in lower classes, which results in overpowering the younger children, and therefore, the University has adopted a uniform policy by directing those candidates to appear before the Medical Board, who, in their opinion, appear to be over age and admit only those candidates who are certified by the Medical Board.
(3.) IN the present case, the learned counsel for the respondent University contended that the petitioner was sent to the Medical Board, where the petitioner was examined and was found medically "unfit" for admission in Class I on the ground that her height was 134 cms. and that her weight was 29 Kgs.;