State-Run Schools Can Prescribe Eligibility Criteria For Admission In Different Classes: Delhi High Court

The Delhi High Court has observed that every school, including schools under the State Government, has the liberty and autonomy to maintain the standards it has set out for itself.

Justice Chandra Dhari Singh added that laying down an eligibility criteria for admission in different classes cannot be said to be arbitrary or illegal and that the said discretion lies with the school or any other authority under which the school lies.

The Court was dealing with a plea filed by the father of a minor girl challenging the validity of a Circular issued by the Delhi Government dated 27th July 2022 whereby it had mandated minimum 71% marks for admission in Science Stream in Class XI in city's Rajkiya Pratibha Vikas Vidyalaya school for the academic year 2022-23.

It was the petitioner's case that the girl belonged to the OBC Category (Non-Creamy Layer) and was admitted to the said School in Class VI. After she appeared for Class X CBSE examinations in 2022 and secured 81.80%, she was denied admission in the Science Stream on the ground that she secured 69 marks in Science and admission in Science Stream required a minimum of 71 marks, as per the impugned Circular.

The counsel appearing for the petitioner submitted that the girl belonged to the SC/ST/OBC category and shall be eligible for 5% relaxation in marks, as per the terms of Circular dated 7th February 2022.

It was claimed that while the petitioner had made several representations, however, the authorities did not consider the same.

It was argued that while there were different types of schools being run by the Delhi Government, however, categorisation of schools run by the same authority was discriminatory in nature as being violative of Articles 14, 21 & 21A of the Constitution of India.

The Court noted that since the girl could not meet the eligibility criteria, it was chosen to challenge the criteria itself, however, such a challenge was unmerited due to the fact that the School had only exercised its discretion to set out the minimum requirements for admission in Class XI.

It also noted that the reservation for the categories of SC/ST/OBC under Circular dated 7th February was issued with respect to the Schools of Specialised Excellence and was not to be made universally applicable on all schools under the Delhi government.

"The different criteria and relaxation for admission in this category of schools is justified since it requires a more rigorous assessment and evaluation of students, such as passing of aptitude tests etc., who seek admission in these schools. This categorisation of schools cannot said to be discriminatory or illegal," the Court said.

Accordingly, upholding the impugned circular, the Court dismissed the petition.

Case Title: NATURAL FATHER RAVINDER SINGH v. GOVERNMENT OF NCT OF DELHI & ANR.

Citation: 2022 LiveLaw (Del) 877

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