Delhi HC rejects pleas against KV admission criteria

Petition claimed change in age requirement for Class I was in violation of RTE

April 12, 2022 01:20 am | Updated 01:20 am IST - New Delhi

The Delhi High Court on Monday rejected pleas challenging the minimum age criteria of six years for admission to Class I in Kendriya Vidyalaya for the upcoming academic session.

Justice Rekha Palli gave the order while dealing with a batch of petitions which challenged the admission criteria for the academic year 2022-2023 issued by the Kendriya Vidyalaya Sangathan as it prescribes the minimum age for admission of the child to Class I as six years or above.

Additional Solicitor General Chetan Sharma, representing the Centre, argued that there was no “vested right” in the petitioners, minor children through their parents, to seek admission in KVS as they would become eligible for admission next year.

On previous hearing, the Centre had told the court that the change in admission criteria was in terms of the National Education Policy (NEP) which came in 2020.

Prejudicial change 

Advocate Ashok Agarwal, appearing for one of the petitioners, a five-year-old girl, argued that the authorities cannot deprive his client of her right to education by way of a policy change. Mr. Aggarwal argued that the change in age criteria, without any prior notice, is prejudicial to the interest of the students who have the right to participate in the admission process.

Mr. Agarwal said that the NEP has to be first implemented at the pre-primary level and can’t be directly imposed upon students entering Class I.

In the petition, the minor girl through her father, said that the change in age requirement was in violation of the Right to Education guaranteed under the Constitution as well as under the provisions of the Delhi School Education Act, 1973, and Right of Children to Free and Compulsory Education Act, 2009.

Sudden decision

The plea claimed that the KVS suddenly changed the admission criteria for Class I to six years by uploading the guidelines for admission to Kendriya Vidyalayas on its portal just four days before the admission process started last month.

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