17 March 2022 1:52 PM GMT
The Kendriya Vidyalaya Sangathan has told the Delhi High Court that the last date for submitting the online application for admission to class I in Kendriya Vidyalayas for the upcoming academic year will be extended from March 21 to April 11, 2022.Taking note of the aforesaid stand, Justice Rekha Palli deferred passing any interim order in the plea challenging the admission criteria of...
The Kendriya Vidyalaya Sangathan has told the Delhi High Court that the last date for submitting the online application for admission to class I in Kendriya Vidyalayas for the upcoming academic year will be extended from March 21 to April 11, 2022.
Taking note of the aforesaid stand, Justice Rekha Palli deferred passing any interim order in the plea 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 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 plea has been filed through Advocates Ashok Agarwal & Kumar Utkarsh.
Accordingly, the Court deemed it appropriate to consider the matter only after completion of pleadings and granted ten days time to the respondents to file counter affidavit in the matter. Further one week time is given for filing of rejoinder, if any.
During the course of hearing, the Court however observed that there was prima facie something in the plea and that the respondent authorities cannot bring a change last moment.
However, it said that it will not interfere with the National Education Policy.
On the other hand, the counsel appearing for the Centre said that it would be better if the Court decides the issue finally instead of passing any interim order.
The matter will now 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
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