"Nothing Sudden About Implementation Of Policy": Delhi High Court Dismisses Appeal Against Minimum 6 Yrs Age Criteria For Class 1 Admission In KVS
Noting that there was nothing sudden about the implementation of the policy, the Delhi High Court has refused to interfere with minimum age criteria of 6 years for admission in class 1 in Kendriya Vidyalayas for the academic year 2022-23.A bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla dismissed an appeal against a single judge order which had dismissed a bunch...
Noting that there was nothing sudden about the implementation of the policy, the Delhi High Court has refused to interfere with minimum age criteria of 6 years for admission in class 1 in Kendriya Vidyalayas for the academic year 2022-23.
A bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla dismissed an appeal against a single judge order which had dismissed a bunch of pleas challenging the minimum age criteria.
The appeal was moved by a minor girl, born on June 3, 2016, who was 5 years 9 months and 28 days old as on March 31, 2022. It was thus the case of the appellant 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.
Due to the increase of age from five to six years, the appellant who was not six years as on 31.03.2022, could not secure admission in a KVS School.
Vide the impugned order, Justice Rekha Palli noted that the National Education Policy 2020, which prescribed the minimum age of six years for admission to Class 1, was not under challenge by the petitioner. The Single Judge also noted that the Central Government had directed all schools to implement the said Policy.
"The submission of the appellant was, and even before us is, that the said implementation has been done in a sudden manner to the prejudice of the appellant. We find no merit in this submission. There is nothing sudden about the implementation of the said policy since there would always be a fixed date when the policy would be implemented," the division bench observed.
The Court added that the implementation of the Policy would not cause any prejudice to the appellant since the appellant had not been denied the chance to secure admission in Class 1.
"The only difference is that she will be entitled to admission next year and not this year. If the appellant is desirous of seeking admission in Class 1 this year, it is open to the appellant to seek admission in other schools which have not implemented the NEP 2020 till date," the Court added.
Regarding the submission of counsel appearing for the appellant that other schools had not yet implemented the said Policy and therefore, Kendriya Vidyalaya Sangathan should also not do so, the Court said thus:
"This submission cannot be accepted for the reason that mere non-compliance of a direction issued by the Central Government for implementation of NEP 2020 by other schools, cannot be a reason to restrain Kendriya Vidyalaya Sangathan from doing so. If at all, the appellant should have raised a grievance that other schools have not implemented the said Policy despite the direction of the Central Government."
The Court thus dismissed the appeal and upheld the single judge order.
Case Title: AARIN THROUGH HER NEXT FRIEND AND NATURAL FATHER SH PAWAN KUMAR v. KENDRIYA VIDYALAYA SANGATHAN & ORS
Citation: 2022 LiveLaw (Del) 325