AJAY KUMAR (MASTER) Vs. SAINIK SCHOOL SOCIETY

JUDGEMENT

(1.) RESPONDENT no: 2 -Sainik School Nagrota, Tehsil and District Jammu, invited applications from the eligible students for admission to class 6th. Petitioner also applied for the same. He belongs to Schedule Caste category. Under the admission rules, reservation for persons belonging to State of J&K has been prescribed to the extent of 67%. Reservation of seats for Schedule Caste, Schedule Tribe .and different categories has also been prescribed. Petitioner states that under these provisions and reservation of seats for candidates belonging to the State read with reservation of seats for Schedule Caste candidates, he too was entitled to get admission against one of the seats but by applying the reservation rules wrongly, the respondents have denied admission to the petitioner and have thus deprived him of a right which accrued to him under the rules. He has, therefore, prayed for a direction to the respondents to make selection of Schedule Caste candidates out of quota 67% of seats reserved for the candidates belonging to the State and to draw the panel accordingly.

(2.) RESPONDENTS in their objections have submitted that the candidates selected under 67% quota in the open merit category as also those selected under the reserved category of Schedule Caste have not been arrayed as party respondents in the present petition, as such, the present petition is not maintainable for non -joinder of necessary parties. They further state that under the reservation rules applicable to the admission in Sainik School, 15% reservation out of total number of seats is for various categories while as 67% quota is reserved for students belonging, to the State. The selection of candidates, according to the respondents, has been done in accordance with these rules. In the circumstances the respondents pray that the contention of the petitioner that action of the respondents has violated his right as enshrined under Article 14 and 15(4) is totally misconceived, erroneously and misplaced.

(3.) HEARD . Considered.