IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9811 of 2008 JAY PRAKASH MANDAL Versus THE UNION OF INDIA & ORS ----------- 2/ 7/8/2008. Heard learned counsel for the petitioner, for respondent No.2 as also for respondent No3. The subject-matter of the writ petition is a minor girl seeking admission to Class-6 in the Jawahar Navodaya Vidyalaya at Darbhanga. All that has happened is that in her application form which presumably was filled up by her elders, the column requiring declaration that the application is a member of Scheduled tribe/ other backward class, were both marked. This resulted in her being treated as an other backward class candidate leading to denial of admission in the Vidyalaya for non-availability of seats in the latter category when it is stated that of the six seats for the scheduled tribe category, only four had been filled. The contention is that the student actually belongs to the scheduled tribe category and for which a representation had also been filed by her father, the present petitioner, before the Vidyalaya on 4.3.2008. The contention on behalf of the Vidyalaya is that this shall require correction from the Central Board of Secondary Examination which conducts the examination process in which the candidate had been shown as an O.B.C. candidate. Shri Tripathi, appearing on behalf of the C.B.S.E. has taken a very fair stand by submitting that the C.B.S.E. shall look into the matter promptly and shall take necessary steps accordingly so that the minor candidate is not allowed to suffer any more. In view of the - 2 - stand taken on behalf of the C.B.S.E. all that is required to be done is to dispose off this writ application with directions that such appropriate decision shall be taken within a period of four weeks upon facts on which the Vidyalaya is directed to act upon forthwith so that the academic interest of the minor student is not allowed to suffer. If necessary, by creation of an additional seat in that academic session so that the minor child is not left at a loss jeopardizing her future life and career. The writ application stands disposed. KC ( Navin Sinha,J )