Provisions Of RTE & RPwD Acts Don't Apply To Sainik Schools: Madras High Court
The Madras High Court was considering a Writ Petition seeking declaration that the Standard Operating Procedure for All India Sainik School Admission Counselling partly declared as null and void.
The Madras High Court has held that Right to Education Act and the Rights of Persons with Disabilities Act are not applicable to Sainik Schools, since it is administered under the control of the Sainik School Society and the Ministry of Defence.
The Court was considering a Writ Petition seeking declaration that the Standard Operating Procedure (SOP) for All India Sainik School Admission Counselling (AISSAC) insofar as the prescription of eye standard at Page No.53 of the Standard Operating Procedure for admission for 6th standard in respect of the Petitioner by the first Respondent as null and void.
The bench of Justice G K Ilanthiraiyan observed, "The Right to Education Act and the Rights of Persons with Disabilities Act are not applicable to the second respondent's school, since it is administered under the control of the Sainik School Society and the Ministry of Defence, and these kinds of schools were started with the intention to act as feeder institutes for the National Defence Academy and the Indian Naval Academy. Therefore, this Court finds no infirmity or illegality in the Standard Operating Procedure (SOP) for All India Sainik School Admission Counselling (AISSAC) 2025 issued by the second respondent...."
The Petitioner was represented by Advocate R. Saseetharan while the Respondent was represented by Senior Panel Counsel K. Ramanamoorthy.
Facts of the Case
The Writ Petition was filed for a declaration seeking to declare that the Standard Operating Procedure (SOP) for All India Sainik School Admission Counselling (AISSAC), insofar as the prescription of eye standard at Page No. 53 of the Standard Operating Procedure for admission for 6th standard in respect of the Petitioner by the first Respondent, as null and void; and to direct the Respondents to admit the Petitioner in 6th standard at Sainik School, Udumalpet, Tiruppur District.
The Petitioner had applied for admission to 6th Standard at Sainik School, Amaravathi Nagar, Udumalpet, Tiruppur District, to pursue his secondary education. He applied for the entrance examination and secured 227 marks out of 300 marks. Though he had scored well within the cut-off marks under the category of Scheduled Caste community, as per a communication, the Second Respondent directed the Petitioner to appear before the Medical College Hospital, Coimbatore, for verification of medical fitness and was declared as medically unfit.
Counsel for the Petitioner submitted that the rejection for admission into 6th standard of the Petitioner was not on the ground of ineligibility, but only on the ground of medical fitness; the Respondents rejected the Petitioner on medical grounds and therefore, the rejection of the Petitioner's candidature is contrary to Article 21 of the Constitution of India. It was argued that it is a clear violation of the provisions under Sections 3, 4, and 16 of the Rights of Persons with Disabilities Act, 2016. He also urged that the Government shall ensure that persons with disabilities enjoy the right to equality, life with dignity, and respect for their integrity, equally with others. He further submitted that the authorities concerned shall take measures to ensure that all genders with disabilities enjoy their rights equally with others and therefore, educational institutions shall admit persons with disabilities without discrimination and provide education and opportunities for sports and recreation activities equally with others.
Reasoning By Court
The Court pursued the counter-affidavit in which it was revealed that all Sainik Schools function under the administrative control of the Sainik Schools Society and the Ministry of Defence, New Delhi, and are residential institutions commencing from Class VI, with the primary aim to act as a feeder institute for the National Defence Academy and the India Naval Academy and therefore, a medical examination is non-negotiable before getting admitted into the Sainik School, and it is mandated by the Sainik Schools Society, functioning under the Ministry of Defence.
It was further stated that the provisions under Section 12(c) of the Right to Education Act and Sections 3, 4, and 16 of the Rights of Persons with Disabilities Act, 2016, are not applicable to these kinds of schools.
"....after having accepted the Standard Operating Procedure (SOP) for All India Sainik School Admission Counselling (AISSAC) 2025 issued by the second respondent and appearing for the entrance examination, the petitioner cannot challenge the very Standard Operating Procedure itself, especially after receipt of the medical report. In fact, the petitioner also went on appeal for reviewing the medical examination. For the second time, the petitioner was subjected to a medical examination before the Military Hospital, Chennai. Both medical reports were the same, and as such, the petitioner was declared unfit for admission to the 6th standard in the second respondent's school", the Court observed.
The Petition was accordingly dismissed.
Cause Title: M.R.Yajith Krishna vs. The Union of India (2025:MHC:2272)