MR. JUSTICE G.K.ILANTHIRAIYAN W. P.No.29225 of 2025and W.M.P.Nos.32784 and 32788 of 2025 M.R.Yajith Krishna (M/12 Yrs) order /The Right to Education Act and the Rights of Persons with Disabilities Act are not applicable to the sainik school, / K.RAMANAMOORTHY SENIOR PANEL COUNSEL Ministry of Defence

2025:MHC:2272
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 12.09.2025
PRONOUNCED ON : 22.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W. P.No.29225 of 2025and
W.M.P.Nos.32784 and 32788 of 2025
M.R.Yajith Krishna (M/12 Yrs)
S/o. M.Ranjith Kumar
Represented by Natural Guardian and Mother K.Priya
3/171, Vetri Nagar, Mallur Post,
Salem District – 636 203. … Petitioner
Vs.
1. The Union of India,
Represented by Secretary to the Government,
Ministry of Defence, Shastri Bhavan, New Delhi.
2. The Principal, Sainik School,
Amaravathi Nagar,
Udumalpet, Tiruppur District. … Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring 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 consequently the order in No. Nil dated 14.07.2025 issued by the second respondent as invalid and issue a consequential direction to the respondents to admit the petitioner at 6th standard at Sainik School, Udumalpet, Tiruppur District, and allow the petitioner to pursue further studies.
For Petitioner : Mr.R.Saseetharan
For Respondents : Mr.K.Ramanamoorthy, Senior Panel Counsel
O R D E R
The Writ Petition has been filed for a declaration declaring 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.
2. Heard the learned counsel for both sides and perused the materials available on record.
3. 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 the communication dated 27.06.2025, the second respondent directed the petitioner to appear before the Medical College Hospital, Coimbatore, for verification of medical fitness. Accordingly, the petitioner appeared for a medical examination, and as per the medical report, the petitioner was declared medically unfit for Eye Standard-II. Thereafter, the petitioner applied for a review and was directed to report to Military Hospital, Chennai, for further examination. However, the medical report of Coimbatore Medical College Hospital was confirmed by the medical report issued by the Military Hospital, Chennai.
4. The learned counsel for the petitioner would submit that therejection 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. The vision defect of the petitioner is to the extent of 6/36, which is above the prescribed
Standard-I (6/6 and 6/6) and Standard-II (uncorrected V.A 6/18 and 6/18; BCVA 6/6 and 6/6). Therefore, the rejection of the petitioner’s candidature is contrary to Article 21 of the Constitution of India. Hence, it is a clear violation of the provisions under Sections 3, 4, and 16 of the
Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as ‘the Act’ for short).
4.1. He would also submit that Section 2(h) of the Act defines discrimination in relation to disability, meaning any distinction, exclusion, or restriction on the basis of disability that has the purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field, and includes all forms of discrimination and denial of reasonable accommodation. Therefore, the Government shall ensure that persons with disabilities enjoy the right to equality, life with dignity, and respect for their integrity, equally with others.
4.2. He would further submit that the authorities concerned shall take measures to ensure that all genders with disabilities enjoy their rights equally with others. Therefore, educational institutions shall admit persons with disabilities without discrimination and provide education and opportunities for sports and recreation activities equally with others.
Hence, the prescription of eye standards mentioned in the Standard
Operating Procedure (SOP) for All India Sainik School Admission Counselling (AISSAC) is illegal and is liable to be declared void.
5. On perusal of the counter affidavit by the respondents and the submission made by the learned Senior Panel Counsel appearing for the respondents, it is 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. 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. Therefore, 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.
6. The Sainik Schools are designed to groom students for future roles as military officers, focusing on their mental and physical readiness. The primary objective of Sainik Schools is to prepare cadets for the National Defence Academy and the Indian Naval Academy. Therefore, stringent medical standards, particularly regarding ocular health, are mandated by the Sainik School Society to ensure that candidates meet the necessary physical criteria for military service.
7. Though the petitioner secured 227 marks out of 300 and was well within the cut-off marks under the category of Scheduled Caste community, his admission to the Sainik School was subject to meeting the eligibility requirements, rank, medical fitness, and verification of requisite documents. The petitioner was subjected to a medical examination after being short-listed in Round I of the e-counselling. As per the Standard Operating Procedure (SOP) for All India Sainik School Admission Counselling (AISSAC), the admission counselling criteria, insofar as the eyes are concerned, are as follows:-
It is certified that:-
S.No. Test Remarks of Eye Specialist
1. Candidate is having the eyes Standards as mentioned below for Sainik Schools:
Standard-I 6/6 & 6/6
Standard-II Uncorrected VA 6/18 & 6/18
BCVA.6/6 & 6/6
Myopia