Setting aside the order of a single judge, a division bench of the Madras High Court today directed the Rashtriya Indian Military College, Dehradun Cantonment, to admit a boy, who was the only one selected to the institution from Tamil Nadu, to the eighth standard for the academic session commencing from July, 2014.
A division Bench, comprising Justice N.Paul Vasanthakumar and Justice M.Sathyanarayanan, which allowed the appeal filed the father of the minor boy, in its order said "it is a settled position of law that if justice and technicalities is fitted against each other, justice should be rendered and this is one of the cases in which this court should come to the rescue of the appellant."
The appeal was filed against the order of a single judge who dismissed his writ petition upholding the rejection of admission in RIMC.
In its order, the bench said Tamil Nadu Public Service Commission got an impression that the appellant is not a resident of Tamil Nadu and after his explanation got convinced about the nativity and conducted viva voce on June 3 last year. "The appellant herein cannot be blamed for the lapses and mistakes committed by the TNPSC either deliberately or inadvertently and he should not be made to suffer for the mistake committed by TNPSC..."
"Even though as on date the son of the appellant has crossed the prescribed age of 13, the same cannot be put against him for the reason that he cannot be put to any blame."
According to the appellant, his son was the sole successful candidate from Tamil Nadu and the sole ambition is to get his son admitted in RIMC and thereafter to serve the country.
The bench said "the ambition of the appellant cannot be nipped in the bud on account of the lapses/ mistakes on the part of TNPSC for which the appellant herein is no way responsible."
The bench then directed the Administrative officer/Commandant, Rashtriya Indian Military College, Dehradun Cantonment to admit the boy to the VIII standard for the academic session commencing from July forthwith.
As no communication was received with regard to the admission after the viva voce was conducted, the father had written to the institution which replied that the boy's application was rejected as admissions were already finalized. His writ petition was dismissed by a single judge upholding the rejection of admission, following which he filed the present appeal.
