IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 35339 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. MRS.ASHA.G.NAIR, W/O.V.RAJIV, SABARIGIRI HOUSE, BALABHADRA TEMPLE ROAD, EROOR WEST, TRIPUNITHURA, ERNAKULAM-682 306. 2. R.BHARAT MENON, AGED 10 AND HALF YEARS, (MINOR) REP.BY GUARDIAN & MOTHER MRS.ASHA G.NAIR, W/O.V.RAJIV, SABARIGIRI HOUSE, BALABHADRA TEMPLE ROAD, EROOR WEST, TRIPUNITHURA, ERNAKULAM-682 306. 3. R.SIDHARTH MENON, AGED 10 AND HALF YEARS (MINOR) REP.BY GUARDIAN & MOTHER MRS.ASHA G.NAIR, W/O.V.RAJIV, SABARIGIRI HOUSE, BALABHADRA TEMPLE ROAD, EROOR WEST, TRIPUNITHURA, ERNAKULAM-682 306. BY ADV. SRI.M.P.KRISHNAN NAIR SMT.RAJESWARI KRISHNAN SRI.KRISHNAN NANDAKUMAR SRI.V.B.NARAYANAN SRI.ANIYANKUNJU VARGHESE SRI.M.P.HARIKUMARAN PILLAI RESPONDENT(S): --------------- 1. UNIONOF INDIA, REP.BY SECRETARY, DEFENCE DEPT., NEW DELHI-110 001. 2. JOINT SECRETARY (TRG) & CAO, MINISTRY OF DEFENCE, ROOM NO.155, E BLOCK, DHQ P.O., NEW DELHI-110 011. WPC No.35339/2010 3. JOINT SECRETARY, (ESTT) & PUBLIC GRIEEVANCES, 97, SOUTH BLOCK, NEW DELHI-110 003. 4. SECRETARY, KENDRIYA SAINIK BOARD, WEST BLOCK IV, R.K.PURAM, NEW DELHI-110 066. 5. PRINCIPAL, SAINIK SCHOOL, KAZHAKOOTAM, SAINIK SCHOOL P.O., TRIVANDRUM-695 585. 6. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-695 001. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-5 SRI.T.SANJAY, CGC FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35339/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ADVERTISEMENT APPEARED IN MATHRUBHUMI DAILY DATED 24/09/2010 IN RESPECT OF ADMISSION TO CLASS VI & IX JUNE 2011 OF SAINIK SCHOOL. P2 : COPY OF REPRESENTATION DATED 10/11/2010 SUBMITTED BY 2ND PETITIONER TO 1ST PETITIONER. P3 : COPY OF REPRESENTATION DATED 17/11/2010 SUBMITTED BY THE 1ST PETITIONER TO VARIOUS AUTHORITIES INCLUDING 4TH RESPONDENT. P4 : COPY OF REPRESENTATION DATED 22/10/2010 SUBMITTED BY THE HUSBAND OF THE 1ST PETITIONER TO THE DEFENCE MINISTER. P5 : COPY OF REPRESENTATION DATED 21/10/2010 SUBMITTED BY THE 1ST PETITIONER TO THE 5TH RESPONDENT. P6 : COPY OF LETTER DATED 29/10/2010 RECEIVED BY THE 1ST PETITIONER FROM THE 5TH RESPONDENT. P7 : COPY OF APPLICATION FOR ADMISSION TO ENTRANCE EXAMINATION FOR CLASS VI IN SAINIK SCHOOL, KAZHAKKOOTAM IN RESPECT OF 2ND PETITIONER. P7(a) : COPY OF APPLICATION FOR ADMISSION TO ENTRANCE EXAMINATION FOR CLASS VI IN SAINIK SCHOOL, KAZHAKKOOTAM IN RESPECT OF 3RD PETITIONER. P8 : COPY OF NOTIFICATION DATED 15/10/2007 ISSUED BY THE CBSE, 2, COMMUNITY CENTRE, SHIKSHA KENDRA, PREET VIHAR, DELHI - 110 092. P9 : COPY OF ADMISSION DETAILS OF NDA TAKEN FROM INTERNET. RESPONDENT'S EXHIBITS R5(A) : COPY OF COMPARISON CHART OF ADMISSION TO STANDARD-VI FOR THE ACADEMIC YEAR 2011-12. R5(B) : COPY OF LETTER NO.5(13)/2010/D (SSC) DATED 07/09/2010 ISSUED BY THE SAINIK SCHOOLS SOCIETY. R5(C) : COPY OF LETTER NO.5(13)/2010/D(SSC) DATED 10/09/2010 ISSUED BY THE SAINIK SCHOOLS SOCIETY. R5(D) : COPY OF EXTRACT OF RULE NO.1.10 OF SAINIK SCHOOL SOCIETY RULES AND REGULATIONS, 1997. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- WP(C) No.35339 of 2010 --------------------------------- Dated, this the 23rd day of May, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Petition has been filed for a direction to the respondents to permit the petitioners to appear for the entrance examination for admission to the Sainik School. Permission to appear for the entrance examination was declined on account of over age of the petitioners. However, as an interim measure, this Court in the Writ Appeal permitted the appellants/ petitioners to write the entrance examination. Before proceeding to hear the case on merit, we directed the learned Standing Counsel to get the results of the entrance examination. As directed by us, the learned Standing Counsel produced the answer books, which show that the petitioners have secured less than the minimum marks and have failed in the examination. Consequently, there is no need to consider WP(C) No.35339/2010 -2- the age issue based on which the petitioners were declined permission to write the entrance examination. Since the petitioners have failed in the examination, we decline to consider the case on merit. Accordingly, the Writ Petition is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg