Admission In KV School Cannot Be Denied Merely Because Candidate's EWS Certificate Is Not Issued From State Where It Situates: Delhi HC

The Delhi High Court held that, for a candidate applying for admission to a Kendriya Vidyalaya school anywhere in the country under the Economically Weaker Sections (EWS) Category, they need not furnish a certificate issued from the State Government where the school is situated.

But such certificate is required to be furnished by an officer of the specified rank in the State where such verification is possible, the Court said.

The Court allowed a writ petition filed by the father of a student challenging the communication from KVS regarding the denial of admission of his son, on the ground that issuance of the EWS certificate was by Uttar Pradesh instead of the Delhi government.

The Court noted that it would be impractical for a Tehsildar or official in Delhi to verify the income and assets, including immovable assets, of an individual whose native place is outside Delhi. 

The Bench of Justice Anup Jairam Bhambhani observed, “This implies that for a candidate applying for admission to a KV school anywhere in the country under the EWS Category, they need not furnish a certificate issued from the State Government where the school is situated but such certificate is required to be furnished by an officer of the specified rank in the State where such verification is possible”.

Advocate Aayush Agarwala appeared for the Petitioner and Advocate N. K. Bhatnagar appeared for the Respondent.

The Petitioner, having secured employment in Delhi and moved to Narela, sought admission for his son in KVS. After the son was allotted a seat in Class I for the Academic Session 2021-2022 through an RTE Lottery, the Petitioner faced denial of admission by KVS, citing guidelines that mandated an EWS certificate issued by the Delhi government. Despite attempts to obtain a Delhi-issued EWS Certificate, the Petitioner was unsuccessful. The Petitioner approached the High Court through a Writ Petition, challenging the communication from KVS and seeking annulment of the KVS Admission Guidelines regarding the specific EWS certificate requirement.

The Court emphasized that the Government of NCT of Delhi cannot impose domicile criteria for admission under the EWS Category in Delhi schools. The Court noted that the appropriate government is only authorized to set the threshold of annual income, not to sub-classify children based on residence duration.

“It has been held that the statute does not empower the appropriate government to “…… further sub-classify the children belonging to weaker sections by excluding from its purview the children who are staying in Delhi for a particular time period ……”; and that therefore the appropriate government lacks competence to restrict admission in the EWS Category to only those children who are domiciled in Delhi for a particular period”, the Court noted.

Therefore, the Court held that discrepancies in documents questioning the petitioner's or his son's Delhi residency were deemed irrelevant for EWS category admission. The Court dismissed KVS's claim of income misdeclaration, noting that it lacked substantiation.

The Court noted that the statutory provisions under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), particularly Section 12(1)(c), define the school's responsibility for free and compulsory education. The term child belonging to a weaker section was defined in Section 2(e), emphasizing that the appropriate government, as per Section 2(a), for a school owned or controlled by the Central Government is the Central Government itself.

The Court observed that KVS, being fully financed by the Central Government, should follow Central Government notifications on income limits. The Court noted that KVS are not bound by local Acts and Regulations of states. The Court noted that Guideline B in Part-C, Paragraph 4 of the KVS Admission Guidelines, specifies that the income limit for economically weaker sections (EWS) is as notified by the concerned State Government.

Referring to an Office Memorandum issued by the Central Government, the Court emphasized that the Central Government has set the threshold for the gross annual family income for EWS reservations. The Office Memorandum also outlined certain assets that would exclude a person from the EWS category, along with the requirement for certification by an officer not below the rank of Tehsildar in the State/UTs.

Additionally, the Court held that KVS, being under the jurisdiction of the Central Government, must follow the Central Government's notifications on income thresholds. The Court directed KVS to grant regular admission to the petitioner's ward for the Academic Session 2023-2024 in Class I.

Accordingly, the Court disposed of the Petition.

Cause Title: Hare Krishna Pathak v Kendriya Vidyalaya Sangathan & Anr. (2023:DHC:9394)

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