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Allahabad High Court

Anuj Kumar Saroj(Minor) vs Government Of India And Another on 5 December, 2022

Author: Salil Kumar Rai

Bench: Salil Kumar Rai





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 36988 of 2022
 

 
Petitioner :- Anuj Kumar Saroj(Minor)
 
Respondent :- Government Of India And Another
 
Counsel for Petitioner :- Gyan Bahadur Singh
 
Counsel for Respondent :- A.S.G.I.,Rajesh Tripathi
 

 
Hon'ble Salil Kumar Rai,J.
 

The present petition has been filed praying for a mandamus commanding the Principal, Jawahar Navodya Vidyalaya Meja Khas, Prayagraj to admit the petitioner in Class-6th..

The petitioner states that he is being denied admission on the ground that he is above the age of 13 years even though his date of birth is 12.8.2009.

Shri Rajesh Tripathi representing the respondent nos. 1 & 2 states that the petitioner was medically examined and the Chief Medical Officer has reported that the age of the petitioner is about 17 years. The certificate issued by the Chief Medical Officer has been handed over to the Court which is taken on record.

In support of his plea, the counsel for the petitioner has relied on a Certificate ostensibly issued by Dwivedi Hospital, Soraon, District Prayagraj indicating that the petitioner was born on 12.8.2009. The Certificate does not contain the signature of any Doctor or any responsible Officer of the Hospital nor indicates the date on which the said certificate was issued. In light of the aforesaid, the Certificate annexed with the writ petition by the petitioner cannot be relied upon.

The petitioner is not eligible for being admitted in Class-6th in Jawahar Navodya Vidyalaya Meja Khas, Prayagraj because he is above 13 years of age and no mandamus as prayed can be issued.

The petition is dismissed.

Order Date :- 5.12.2022 IB