Each school has autonomy to maintain standards, establishing eligibility criteria for admission into different classes cannot be considered arbitrary: Delhi HC
The Delhi High Court observed that every school, including schools under the state government, has the freedom and autonomy to maintain the standards it has set for itself.
Judge Chandra Dhari Singh added that the establishment of an eligibility criterion for admission to different classes cannot be called arbitrary or illegal and that said discretionary power rests with the school or any other authority on which the school.
The Court was dealing with a plea filed by the father of an underage girl challenging the validity of a circular issued by the Delhi government dated July 27, 2022 by which it imposed a minimum of 71% marks for the Stream science admission in class XI in the city’s Rajkiya Pratibha Vikas Vidyalaya School for the academic year 2022-23.
It was the claimant’s case that the girl belonged to the OBC category (non-creamy coat) and had been admitted to the said school in class VI. After appearing for the Class X CBSE exams in 2022 and achieving 81.80%, she was refused admission to the science stream on the grounds that she had achieved 69 points in science and that admission to the science stream scientist required a minimum of 71 points, in accordance with the disputed circular. .
The attorney representing the claimant argued that the girl was in the SC/ST/OBC category and would be eligible for a 5% ratings relaxation, in accordance with the terms of the circular dated February 7, 2022.
It has been claimed that although the petitioner made several approaches, the authorities did not consider the same.
It has been argued that although there are different types of schools run by the Delhi government, the categorization of schools run by the same authority is discriminatory in nature as it violates Articles 14, 21 and 21A of the Indian Constitution. .
The Court noted that since the girl could not meet the eligibility criteria, she was chosen to challenge the criteria herself, however, such a challenge was not justified due to the fact that the school did not had exercised its discretion only to set out the minimum requirements for admission. in class XI.
He also noted that the reservation for SC/ST/OBC categories under the February 7 circular was for specialist excellence schools and should not be universally applicable to all Delhi government schools.
“The various criteria and relaxations for admission into this category of schools are justified as they require more rigorous assessment and assessment of students, such as passing aptitude tests, etc., who apply for admission into these schools. This categorization of schools cannot be said to be discriminatory or illegal,” said the Court.
Consequently, confirming the impugned circular, the Court dismissed the request.
Case Title: NATURAL FATHER RAVINDER SINGH v. GOVERNMENT OF NCT OF DELHI & ANR.
Citation: 2022 LiveLaw (Del) 877
Click here to read the order