Kendriya Vidyalaya Sangathan narrates Delhi HC
The Kendriya Vidyalaya Sangathan has told the Delhi High Court that the deadline for submitting Class I online admission application for Kendriya Vidyalayas for the upcoming academic year will be extended from March 21 to April 11, 2022.
Noting the above position, Judge Rekha Palli deferred the adoption of any interim order as part of the plea challenging the admission criteria of Kendriya Vidyalaya Sangathan (KVS) insofar as it prescribed a minimum age criterion of 6 years by March 31, 2022 for admission in Class I during the 2022-23 academic year.
The plea was presented by a five-year-old girl claiming that the contested KVS admission criteria violate the petitioner’s fundamental and statutory right to education, as guaranteed by Articles 14, 21 and 21-A of the Constitution of India, read with the provisions of the Delhi School Education Act 1973 and the Right of Children to Free and Compulsory Education Act 2009.
The plea was filed by Lawyers Ashok Agarwal and Kumar Utkarsh.
Accordingly, the Court deemed it appropriate not to consider the case until after the closing of the pleadings and granted the respondents ten days to file a counter affidavit in the case. An additional period of one week is granted for filing the reply, if applicable.
During the hearing, however, the Court observed that there was prima facie something in the plea and that the defendant authorities cannot make a change at the last moment.
However, he said he would not interfere with national education policy.
On the other hand, the lawyer representing the Center said that it would be better for the Court to decide the matter definitively instead of passing an interim order.
The case will now be heard on April 5.
According to the plea, it was stated that the claimant was born on June 3, 2016 and would be 5 years, 9 months and 28 days old as of March 31, 2022. It was argued that the KVS had suddenly made a change to the criteria minimum age for admission to Class I of 5-6 years by uploading the disputed guidelines, only 4 days before the start of the admissions process.
The plea further asserts that after seeing the contested admission criteria, the petitioner had sent a legal notice to the respondents, but no response was received, hence the petition was filed.
“Because the impugned action on the part of Respondent KVS to set the minimum age of 6 years for admission to Class I is arbitrary, discriminatory, unfair, unreasonable, prohibited by law, prohibited by law , contrary to public interest, contrary to public order, in violation of Sections 14, 21 and 21-A of the Constitution of India and contrary to Section 16 of the School Education Act 1973 of Delhi, in which it is clearly stated that the age of admission to class I in all schools in Delhi is 5 years, “ the plea says.
The plea therefore seeks instructions from Kendriya Vidyalaya Sangathan to reframe the admission criteria in 2022-23 in accordance with the law.
Title: Aarin through his next friend and natural father Sh. Pawan Kumar vs. Kendriya Vidyalaya Sangathan & Ors
Click here to read the order