IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14026 of 2009 1. MASTER VIVEK KUMAR MINOR S/O- LATE NALINI RANJAN VILL/P.O- GONAWAN , PS- HARNAUT, DISTT- NALANDA AT PRESENT RESIDING AT GONAWAN COLONY, KACHAHARI ROAD, PO/PS- BARH, DISTT- PATNA THROUGH HIS GRAND FATHER/ NATURAL GUARDIAN / NEXT FRIEND , NAMELY RAM NARESH PD. SINGH, S/O- LATE JANARDAN PD. SINGH, RESIDENT OF GONAWAN, COLONY, KACHAHARI ROAD, BARH, P.O/ P.S- BARH, DISTT- PATNA --- PETITIONER Versus 1. THE UNION OF INDIA THROUGH , THE SECRETARY, MINISTRY OF DEFENCE GOVT. OF INDIA, NEW DELHI 2. THE SECRETARY, MINISTRY OF DEFENCE GOVT. OF INDIA, NEW DELHI 3. THE BOARD OF GOVERNORS, SAINIK SCHOOL SOCIETY, MINISTRY OF DEFENCE NEW DELHI 4. THE PRINCIPAL , SAINIK SCHOOL NALANDA P.O /P.S- RAJGIR, DISTT- NALANDA(BIHAR) ------- RESPONDENTS ----------- 2 05-11-2009 Heard the learned counsel for the petitioner and the learned Counsel of Sainik School, Nalanda. The anxiety for quality education is reflected in the claim that the petitioner is a successful candidate at Serial No.12 of the wait list for admission. Learned counsel submits at the bar is that ten persons above the petitioner have not taken admission. Therefore, in terms of Clause 42 of the prospectus two seats remaining vacant still , the petitioner is entitled to be considered for admission having qualified in the selection process. The writ application appears to raise questions of facts for which the foundational pleadings are missing. This Court cannot call upon the School to answer issues not specifically pleaded in the writ application. The writ application is, therefore, disposed of with the - 2 - observation that if the petitioner as a successful candidate is at Sl.No.12 of the wait list , two vacancies are still available and the ten persons above him in the wait list have declined to take admission, the petitioner may have a case to be considered. Let such consideration be done forthwith keeping in mind that issue of academics are involved. The writ application stands disposed. NKS/- ( Navin Sinha, J)