Age Criteria Of 6 Years For Class 1 Admissions Doesn't Violate RTE Act : Kendriya Vidyalaya Sanghathan Tells Delhi High Court

The Kendriya Vidyalaya Sangathan has told the Delhi High Court that the age criteria for admission in class 1 should be in consonance with the National Education Policy 2020 as it is a settled law that the Executive has the competence to decide how a policy should be shaped or implemented.

It has further told the High Court that the prescription of minimum age of 6 years for Class 1 admission does not violate the Right of Children to Free and Compulsory Education Act 2009. Referring to Section 6(1) of the RTE Act, it is said that the said legislation recognizes the entry age of Class 1 to be 6 years or more.

These arguments are made in a counter affidavit is filed by Kendriya Vidyalaya Sangathan in a petition challenging the admission criteria of Kendriya Vidyalaya Sangathan (KVS) to the extent that it prescribed a minimum age criteria of 6 years as on March 31, 2022 for admission to class I in academic year 2022-23.

"..the Right to Education Act recognizes the entry age of Class 1 to be 6 years or more. Further, the age criteria for admission in class/ grade-1 should therefore be in consonance with the NEP 2020 because it is settled law that the executive has the competence to decide how a policy should be shaped or implemented"

Class 1 Admissions - Last Date For Application Extended Till April 11 : Kendriya Vidyalaya Sangathan Tells Delhi HC

The plea has been moved by a five year old girl stating that the impugned admission criteria of KVS is violative of fundamental and statutory right to education of petitioner as guaranteed to her under Articles 14, 21 and 21-A of the Constitution of India read with the provisions of Delhi School Education Act, 1973 and Right of Children to Free and Compulsory Education Act, 2009.

The counter affidavit states that the averments of the Petitioner in respect of the NEP of 2020 are based on a "misreading and misconception" that the NEP recognizes a minimum age of 5+ years for admission to class 1, and that the NEP has not provided for a minimum age of 6 years for admission in class 1. It is said that the NEP envisages 3 years of anganwadi/pre-school and therefore a child joining pre-school at the age of 3 will join Class 1 at the age of 6 naturally.

"That, thus, as explained in paragraph 4.1 of the NEP 2020, insofar the age range of "3-8 years" in concerned, the curricular and pedagogical structure and the curricular framework for school education will be guided by a 5-year design for the Foundational Stage. These 5 years would be divided into two parts i.e. 3 years of Anganwadi/ pre-school and 2 years in primary school in classes/ grades 1 & 2. Therefore, when a child begins pre-school at age 3, he/ she would complete three years of per-schooling by age 6 (i.e. ages 3-4 in the first year of pre-school, ages 4-5 in the second year of pre-school & ages 5-6 in the third year of pre-school). Consequently, when the child moves to the second part of the Foundational Stage by entering class/ grade-1 in a primary school, he/she would naturally be more than 6 years old at the time of admission," the affidavit reads.

The Court has also been informed that the minimum age criteria for admission in class 1 also addresses several representations that were received from parents regarding anomaly in the age criteria prescribed for admission in various classes in schools in different States and UTs, which lead to difficulties for students seeking admissions in schools on inter-State movement or the eligibility age for appearing in various competitive exams.

"That the age criteria for admission in class/ grade-1 should therefore be in consonance with the NEP 2020 because it is settled law that the Executive has the competence to decide how a policy should be shaped or implemented," the affidavit states.

It has also been stated that the Petitioner has erroneously relying upon Ashok Ganguly Committee Report of 2007 which after examining the minimum age of admission for class 1 in various states had found that it is between 5 - 6 years. The affidavit states that in the said report, there is no scientific reason supporting the choice of age of 5+.

"The NEP 2020 has considered various aspects and have recommended a pedagogical and curricular restructuring of "5+3+3+4 covering ages 3 -18". It is further pertinent to note that the rationale behind this recommendation and the suggestive curriculum has been explained in detail in Chapter IV of the Policy," the affidavit states.

It has further been averred that the Petitioner had wrongly chalenged the admission guidelines issued by KVS for the academic session 2022 23 on the ground that the Delhi Education Act, 1973 has been violated because said Act is not applicable Kendriya Vidyalaya Sangathan.

Reliance has been placed on the High Court's decision in Neeti Singh Malik v. Union of India wherein it was held that the Sangathan was sponsored by the Ministry of Human Resource Development (Ministry of Education), Central Government of India and that it is autonomous and lays down standards of education to be followed uniformly in all its schools.

"That, moreover, the Government of India has formulated the NEP 2020 after a consultation process which took into consideration expert opinions, field experiences, empirical research, stakeholder feedback, as well as lessons learned from best practices. It is pertinent to note that the draft National Education Policy was also shared in the public domain for suggestions/comments of stakeholders, including the public. The consultative process also involved the State Governments UTs, as well as Ministries in the Union Government," the affidavit states.

The Sangathan had earlier told Court that the last date for submitting the online application for admission to class I for upcoming academic year will be extended from March 21 to April 11, 2022.

Taking note of the aforesaid stand, Justice Rekha Palli had deferred passing any interim order in the plea.

The matter is slated to be heard on April 5.

According to the plea, it has been stated that the Petitioner was born on June 3, 2016 and shall be 5 years 9 months and 28 days old as on March 31, 2022. It has been submitted that the KVS had all of a sudden made change in the minimum age criteria for admission in class I from 5 years to 6 years by uploading the impugned guidelines,just 4 days before admission process started.

The plea further avers that after seeing the impugned admission criteria, the petitioner had sent a legal notice to respondents, but no response was received, hence the petition was filed.

"Because the impugned action on the part of respondent KVS to laying down minimum 6 years of age for admission in class I is arbitrary, discriminatory, unjust, unreasonable, impermissible in law, prohibited in law, against public interest, opposed to public policy, violative of Articles 14, 21 and 21-A of the Constitution of India and contrary to Section 16 of Delhi School Education Act, 1973 wherein it is clearly stated that age for admission in class I in all school in Delhi shall be 5 years," the plea states.

The plea accordingly seeks directions on Kendriya Vidyalaya Sangathan to reframe the admission criteria in 2022-23 in accordance with law.

Title: Aarin through her next friend and natural father Sh. Pawan Kumar v. Kendriya Vidyalaya Sangathan& Ors