IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16158 of 2009 1. BIBHUTINATH JHA S/O KRISHNADEV JHA VILL- CHIKNAUTA, P.S. KARJA, DISTT. MUZAFFARPUR Versus 1. THE UNION OF INDIA THROUGH THE COMMISSIONER, NAVODAYA VIDYALAYA SAMITI DEPTT. OF SCHOOL EDUCATION AND LITERACY, GOVT. OF INDIA, A-28, KAILASH COLONY, NEW-DELHI 2. THE ASSISTANT COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, GOVT. OF INDIA, A-28, KAILASH COLONY, NEW DELHI 3. THE SECRETARY, CENTRAL BOARD OF SCHOOL EXAMINATION, INSTITUTIONAL AREA, PATPARGANJ, NEAR GAZIPUR, BUS STAND, NEW DELHI 4. THE ASSISTANT SECRETARY CENTRAL BOARD OF SCHOOL EXAMINATION, INSTITUTIONAL AREA, PATPARGANJ, NEW-DELHI ----------- 07. 16.08.2010 Heard learned counsel for the petitioner, learned counsel for the C.B.S.E. as also learned counsel for the Navodaya Vidyalaya. The son of the petitioner was an applicant for admission to the Jawahar Navodaya Vidyalaya, Kharonadih, Muzaffarpur, in the Session 2009-10, for Class-VI. He obtained 95 marks in the entrance examination. As an applicant he was given a block code category 06 in the Rural Open Category. Learned counsel for the petitioner fairly acknowledges that he has not been discriminated vis-à- vis other male candidates, as no person with lesser marks than him in block code category 06 has been given admission. In fact no boy has been granted admission from block code category 06. The next submission is that against the 33% reserved quota for girls which amounts to 27 2 seats, admission has been given to 28th girl candidate from block code category 06 at serial no.12 of the panel, when the petitioner’s son stands at serial no.11. Learned counsel for the C.B.S.E. denies the contention to urge that admissions in the girls quota have been kept restricted to 33 % only in the Rural Open Category and thus only 27 girls have been granted admission. This Court finds it difficult in the writ jurisdiction to decide this question of fact with regard to the girl students who have been granted admission, when the C.B.S.E. denies it. If however, the petitioner represents before the C.B.S.E. with materials to demonstrate that against the 33% reserved quota for the Rural Open Category, admissions have been granted beyond the quota, to a person below the son of the petitioner in the merit panel, this Court expects the C.B.S.E. to appropriately consider the same expeditiously. The application stands disposed. P.K. (Navin Sinha, J.)