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Case Title: Hare Krishna Pathak vs Kendriya Vidyalaya Sangathan & Anr.

Case No: W.P.(C) 3041/2022 & CM APPL. 8955/2023

Decided on: 22nd December 2023

Coram: Hon’ble Mr. Justice Anup Jairam Bhambhani

 

Facts of the Case

The petitioner, a native of Azamgarh, Uttar Pradesh, after moving with his family to delhi, applied for admission of his son to KVS, Narela.

Even after his son won the draw of lots, and was allotted a seat, the school declined to grant admission on the ground that the EWS certificate provided is issued by UP Government and not Delhi Government, which was mentioned in KVS guidelines.

Legal Provision

Section 2(a) of Right of Children to free and compulsory Education Act, 2009 –

 “appropriate Government” means—

1. in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government;
2. in relation to a school, other than the school referred to in sub-clause (i), established within the territory of—

a State, the State Government 

Union territory having legislature, the Government of that Union territory;

Section 2(e) –

“child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

Article 19(1)( e) –  to reside and settle in any part of the territory of India; 

Issues

• Whether petitioner can seek admission in EWS category according to RTE Act?
• Whether KVS needs to abide by state-specific municipal acts and regulations?

Court Analysis and Decision

• In Himangi vs. GNCT of Delhi, 2013 (138) DRJ 330, the bench ruled that Govt of NCT of Delhi cannot impose any domicile criterion as an eligibility condition for admission to a school in Delhi under the EWS Category.
• It has been held that the RTE Act does not empower the appropriate government to further sub-classify the children belonging to weaker sections by excluding from its purview the children who are staying in Delhi for a particular time period. Therefore, the appropriate government is ill-equipped to limit EWS Category admission to children who live in Delhi for a specific amount of time.
• It’s also crucial to remember that KVS are not acknowledged as schools by the Delhi School Education Act, 1973 or its regulations, nor are they required to abide by state-specific municipal acts and regulations. In Neeti Singh Malik vs Union of India, MANU/DE/8939/2007, it was held that subjecting KVS to local Acts and Regulations would lead to an asymmetrical managerial structure, staffing patterns and standards of education.
• The Central Government is the appropriate government to deal with in relation to a school that it established, owns, or controls.
• Pursuant to notifications by the Central Government, eligibility for the EWS category in Kendriya Vidyalaya schools shall be determined by a gross annual family income threshold of Rs. 8 lakhs. Additionally, a duly issued EWS certificate, verified by an officer at least of Tehsildar rank in accordance with the prescribed state process, shall be required for applications. Such certificate may be obtained from any state, not necessarily the state where the school is located.
• The court deemed it appropriate to mold the relief sought in the present petition, directing KVS to grant regular admission to the petitioner’s ward – Harsh Pathak – in Kendriya Vidyalaya, Narela in Class-I for the Academic Session 2023-2024 forthwith.

The petition was disposed of in the above terms

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Written by- Bhawana Bahety

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