Ku. Reeti D/O Jitendra Lacharwar Thr. Her (Guardian) Father Shri. Jitendra S. Lacharwar v. The Kendriya Vidyalaya Saganthan, Mumbai And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4475 OF 2022 PETITIONER :- Ku. Reeti Jitendra Lacharwar Age 6, Occup.Student, Through her Guardian Father Shri. Jitendra Suresh Lacharwar, Occup.Service, R/o 132, Shri.Mahalaxmi Nagar, Near New Narsala Road, Nagpur.

...VERSUS...

RESPONDENTS :-1. Kendriay Vidhyalaya Sanghatan, Regional Office, IIT Campus, Powai, Mumbai, 2.The Principal Kendriya Vidylaya Nagpur, Ajni Nagpur.

----------------------------------------------------------------------------------- Mr.K.B.Zinjarde, counsel for the petitioner Mr.N.S.Deshpande, ASGI with Mr.C.J.Dhumne, counsel for respondents ----------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & VALMIKI SA MENEZES, JJ.

DATE : 07.09 .20 .

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) 1.

Heard.

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Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3.

Learned counsel for the respondents admits that while drawing lots, Rule VIII was complied with in letter and spirit and in particular, names of both the twin girls were written on a single slip and that was the reason, why there was only a single link provided. If this is the admission, there is no reason why after drawing of lots the position of one girl should emerge as at sixth place and the position of the other girl should emerge as at waiting list No.405. It appears that a mistake has been committed in earmarking the positions to the twin girls differently after drawing of lots. This needs to be corrected, especially when it is an admitted fact, as orally submitted by the learned counsel for the respondents, that the names of both the twin girls were written on a single slip and were interlinked with each other. Therefore, both the twin

3/3 girls are entitled to be admitted in Class-I of Session 2022-23 of Kendriya Vidyalaya by taking their admission as one admission.

4.

Accordingly, we direct the respondents to provide admission to Ku.Reeti Lacharwar to Class-I of Session 2022-23 in Kendriya Vidyalaya, Ajni immediately. If there are no seats available for admitting the other of the twins, additional seat shall be created as a special case. The Writ Petition is disposed of.

5. Rule is made absolute in above terms. No costs. (VALMIKI SA MENEZES,J) (SUNIL B. SHUKRE,J) Signed By:KAVITA PRAVIN TAYADE P. A.