Apex Court Upholds Judgment Treating Daily Wage Employee Working On Sanctioned Post As Central Govt Employee For Child's Admission In Kendriya Vidyalaya

In the pertinent case, the petitioner was a bona-fide Himachali and belonged to the scheduled tribe category. He had applied for admission to Class IX being ward of a Central Government Employee. The father of the petitioner was serving in the Income Tax Department as daily wage employee for more than 18 years. Relying on that ground, Kendriya Vidyalaya refused admission, contending that as per the guidelines for admission, a daily wage employee does not fall within the definition of Central Government employee.

A bench of Justice B.R. Gavai and Justice Prashant Kumar Mishra heard the matter. AOR S. Rajappa appeared for the petitioner.

In the matter, the aforesaid school after having conducted offline entrance examination on April 19, 2022, declared the result on April 21, 2022, wherein petitioner was placed at no. 4 position in the provisional admission list. However, through a communication letter dated April 30, 2022 the admission to the petitioner came to be declined.

For the background, as per the Kendriya Vidyalayas Revised Admission Guidelines session 2022-23, children of an employee working in the Central Government in substantive capacity can be granted admission in the Kendriya Vidyalaya.

Therefore, as per the respondents, father of the petitioner is not a regular employee of income Tax Department and hence, refused admission in Kendriya Vidyalaya.

However, a bench of Chief Justice Mohammad Rafiq and Justice Sandeep Sharma was of the opinion that there is an element of permanency attached to the petitioner’s father job and that, “it would be too harsh to deny admission to the petitioner on the ground that his father is not a permanent employee of Government Department”.

Further while referring to the definition of Central Government employee, as produced by the respondents, was of the opinion that though it reveals that employee, who is regular and draws his emoluments from the consolidated funds of India would be termed Central Government employee, but an employee working on the post sanctioned by the Government is also required to be considered as Central Government employee.

Therefore, considering the peculiar facts and circumstances of the case, the High Court noted that the petitioner who appeared to be brilliant student cannot be estopped from getting education in good school like Kendriya Vidyalaya.

“In the case at hand, we cannot lose sight of the fact that father of the petitioner is working uninterruptedly on daily wage basis for more than 20 years. It is not the case of the respondents that father of the petitioner has been engaged by the Income Tax Department on outsource basis meaning thereby, he has been given appointment though on daily wages basis but against the substantive post. Otherwise also, there is every likelihood that services of the father of the petitioner would be regularized in coming times”, the bench had further noted in its order.

However, in the present case, the High Court had clarified that it shall not be treated as a precedent in other cases.

Cause Title: Kendriya Vidyalaya Sangathan & Anr. v. Swastik Thakur & Anr.