[KVS Admissions] EWS Certificate Must Be Obtained From State Where Verification Possible, Not Where School Is Situated: Delhi High Court

The Delhi High Court has recently observed that a candidate applying for admission in a Kendriya Vidyalaya Sangathan (KVS) anywhere in the country under the EWS category need not furnish an income 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.

Justice Anup Jairam Bhambhani said that KVS being an institution established and controlled by the Central Government, the “appropriate government” for notifying the annual income threshold to decide whether a child belongs to the EWS Category is the Central Government.

The court made the observations while directing KVS (Delhi Region) to grant regular admission to a boy in KVS, Narela in Class I for the Academic Session 2023-2024 forthwith.

The minor was denied admission in the school on the ground that only an EWS certificate issued from Delhi was recognised for purpose of admission whereas he had furnished EWS certificate issued by the Tehsildar in Uttar Pradesh.

The petition was moved by the minor's father who sought quashing of the communication issued by KVS denying admission to his son. He also challenged the Guidelines for Admission in KVS insofar as they mandate that for seeking admission in a State, an EWS certificate only from that State in a must.

Allowing the plea, the court said that the ground on which KVS had rejected the the minor's admission on the ground that the EWS certificate was obtained from the State of Uttar Pradesh and not from Delhi was untenable.

The court also referred to the Office Memorandum issued by Union Ministry of Social Justice and Empowerment which states that the income and assets of the families would be required to be certified by an officer not below the rank of Tehsildar in the State or UTs.

“In view of the aforesaid, it would be impossible for a Tehsildar/other official in Delhi to verify the income and assets of a person, including whether or not a person owns or possesses immoveable assets as referred to above, for a person whose native place is not Delhi to be able to issue the requisite certificate required for being placed in the EWS Category,” the court said.

Justice Bhambhani also said that “an officer not below the rank of Tehsildar in the State/UTs” as per the OM would mean an officer of the State where the person has his permanent residence.

“In the present case, that would be the State of Uttar Pradesh,” the court said as it granted relief to the minor.

Title: HARE KRISHNA PATHAK v. KENDRIYA VIDYALAYA SANGATHAN & ANR.

Citation: 2024 LiveLaw (Del) 8

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