Right Of Private Schools To Admit Students Of Their Choice Must Be Based On Reasonable And Transparent Criteria: Delhi High Court

The Delhi High Court has observed that the right of private schools to admit students of their choice has to be on the basis of a criteria which is “transparent, identifiable and reasonable.”

Justice Mini Pushkarna said a school has the autonomy in matters of admission under the general quota and can devise its own criteria for admission. However, the court added that any admission criteria devised by the school has to be “reasonable, rational and non- discriminatory.”

Observing that such a criteria cannot be “whimsical or arbitrary” and has to be fair and equitable, the court said:

“Right to admit students of their choice by the Private Educational Institutions is subject to an objective and rational procedure of selection. The same has to be on the basis of criteria which is transparent, identifiable and reasonable.”

The court made the observations while granting relief to a minor boy who sought admission in a private school in Class-I by granting him the benefit of marks under the sibling criteria without insisting on fee slip of the sibling as proof of studying in the same school.

Justice Pushkarna directed the school to award the 'sibling points' to the minor child in terms of its admission criteria and grant him admission in accordance with the procedure followed by it.

The school had issued a notification for admission to entry level classes for academic session 2023-2024. The minor’s father applied for his admission in Class I in the Open Seats Category. The admission form was submitted online claiming total 70 points as per the criteria laid down by the school, i.e. 40 points for neighbourhood and 30 points for sibling, since the minor’s elder brother was also studying in the school.

However, the application form was rejected by the school for the reason that latest tuition fee receipt in support of the sibling criteria was not attached.

It was the minor’s case that he was entitled to get points under sibling criteria as the only requirement as laid down by the school was that the brother or sister of an applicant should be studying in same school.

It was contended that no distinction was made for the sibling studying under Open or General Category or in Reserved Category.

Supporting the minor’s submissions, the counsel appearing for the Directorate of Education submitted that though the school has the autonomy to devise admission procedure and criteria, it has to be reasonable and not arbitrary.

On the other hand, the plea was opposed on behalf of school by submitting that the photocopy of latest tuition fee receipt of sibling studying in the school was the requirement for being awarded the points.

It was contended that the requirement being part of the same document laying down the admission criteria, had to be read holistically and not in isolation.

Granting relief to the minor boy, the court noted that when it was undisputed that the sibling was studying in the same school, insistence on submission of only photocopy of latest school fee receipt of the sibling was totally unreasonable and inadmissible.

“Considering the detailed discussion hereinabove, this Court holds that the action of the respondent No.3 School in not awarding 30 points of sibling to the petitioner as per its admission criteria, on the ground that the brother of the petitioner is studying under the DG Category, is arbitrary and discriminatory,” the court said.

The court said that though the schools have been given the liberty to fix additional parameters for admission, such a criteria for admission has to be “equitable, non-discriminatory and unambiguous.”

“The autonomy of the school is to devise various criteria for admission. In furtherance thereof, the School in question has laid down several criteria and has awarded different points to each criteria. However, when there is no dispute about the fact that elder brother of the petitioner is already studying in the School in question, insistence by the school only on a particular document viz. photocopy of latest tuition fee receipt of sibling studying in the School, cannot be countenanced,” it added.

Justice Pushkarna said that merely because the elder brother of the minor was studying under DG Category would not be a ground to deny him the points under the sibling criteria.

“The categorisation sought to be made on behalf of the school cannot be held to be valid. Such categorisation/classification is totally unreasonable, whimsical, baseless and indefensible. There is no justification for the same. There is no intelligible criteria for asking one document over another for proof of sibling studying in the school, when there is no dispute about the said fact,” the court observed.

It also said that if the sibling of an applicant is studying under DG or EWS Category, there is no bar in seeking admission under the Open General Category by an applicant and that denial of points for sibling studying in the same school under DG or EWS Category would be totally discriminatory and unjustified.

“In view thereof, the respondent School is directed to award the sibling points to the petitioner in terms of its admission criteria and grant admission to the petitioner in accordance with the procedure followed by the School,” the court said.

Title: AYAN JORWAL (MINOR) THROUGH FATHER DINESH KUMAR MEENA v. GOVT. OF NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 323

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