HC asks Delhi government school principal to admit ‘overage’ student

15-year-old denied admission to Class IX as he was eight months older than the upper age limit

Directing the principal of a government school to admit an aggrieved student in Class IX on Wednesday, the Delhi High Court on Tuesday wondered how the government could fix the upper age limit for admission to its schools.

“How can you fix the upper age limit for admission of a student in a government school? Where he will go and study?” said Justice Sanjeev Sachdeva.

He was hearing a petition filed by 15-year-old Vijay Kumar, who was denied admission in Class IX in all Delhi government schools on the grounds that he was eight months above the upper age limit.

The court asked Vijay to approach the Government Boys Senior Secondary School at Mangolpuri on Wednesday, stating that the principal will admit him in Class IX.

Against the RTE Act?

Vijay had moved court through advocate and social activist Ashok Agarwal, who told the court that the Delhi government’s 2014 circular fixing the upper age limit was against the spirit of the Right to Education Act and the very fundamental right to equality.

In another such case, a student named Vipin was denied admission for being “overage” by mere 21 days.

The court has now sought the government’s response on the validity of the circular, on the basis of which hundreds of students have been denied admission in government schools this year, Mr. Agarwal informed.

Vijay was studying in a private school when he fell grievously ill and ended up missing most of his classes in 2015-16.

When his parents were no longer in a position to afford private education, they took a transfer certificate from the school and applied for admission in government schools.

However, the schools denied admission citing a circular issued by the Directorate of Education in 2014.

The circular divides the students in two categories — those who are already studying in Delhi government schools and belong to the “planned admission” category, and the other of who seek direct admission in any class after leaving other schools, i.e., private schools or schools in other States or the “unplanned admission” category.

The students of the former category are entitled to admission/promotion in the next class despite not fulfilling the age criteria, but no student of latter category can get direct admission if he or she is “overage” even by a few days.

The court has sought the govt.’s response on the validity of a circular that fixed upper age limit