Delhi HC dismisses appeal challenging order in Kendriya Vidyalaya admission age criteria matter

New Delhi [India], April 13 : Delhi High Court on Wednesday dismissed the appeal challenging the single judge order in the matter related to six-plus years age criteria for admission in schools run by Kendriya Vidyalaya Sangthan (KVS) for the academic year 2022-23.
A division bench headed by Acting Chief Justice Vipin Sanghi and Justice Navin Chawla dismissed the appeal.
The bench observed that KVS can decide the age of admission.
"Their decision is mandated by New Education Policy 2020. We are not here to decide what should be the age of admission," the bench said.
The division bench also observed that the petitioner has not challenged the NEP 2020.
A single-judge bench of the Delhi High court on Monday dismissed the five petitions moved by parents of five children challenging the new age criteria.
The present appeal had been moved by the father of a child through Advocate Ashok Agarwal seeking direction to KVS to reframe the admission criteria in 2022-23 in accordance with the law.
The petition had also sought direction to KVS to permit the petitioner's child to apply for admission in class I in the academic year 2022-23.
Petitioner had submitted that the single judge erred in overlooking the fact that the right to education is a fundamental right under Article 21 and 21-A of the Constitution of India and in terms of existing laws and practice going for decades, the tender age of children of 5 plus have acquired a vested right for consideration of their name for admission in class I in schools of respondents KVS which cannot be taken away by Central and Delhi government by alleging policy decision.
Single judge bench had said that even if the petitioners' plea that they were taken by surprise were to be accepted, the fact remains that neither they had any vested right to claim admission in KVS nor have they been debarred from seeking admission.
The bench had said that the only effect of the impugned guidelines is to shift their eligibility to the next academic year in my view cannot be a ground to interfere with the impugned guidelines especially when the respondents have already received over 7 lakh applications for admission to Class-I for the academic year 2022-23.
Additional Solicitor General Chetan Sharma appearing for the Centre had submitted that New Education Policy 2020 is not challenged and the new age criteria is an integral part of the policy.
ASG had submitted that there were some difficulties in changing the age criteria. If we change the age criteria, the program would be changed and would take weeks to reorganize.
The Kendriya Vidyalaya Sangathan (KVS) in an affidavit filed in Delhi High Court had opposed the plea.
KVS had said the Government of India has examined the issues at length and has notified NEP 2020, wherein a new scheme of pedagogical and curricular restructuring has been proposed to be implemented. Accordingly, KVS has implemented the said policy.
The age criteria for admission in class/ grade-1 should therefore be in consonance with the NEP 2020 because it is settled law that the Executive has the competence to decide how a policy should be shaped or implemented, the affidavit states.
Lawyers Ashok Agarwal and Kumar Utkarsh appeared for the petitioner had stated that the Court's intervention and issuance of direction is required to the respondent Kendriya Vidyalaya Sangathan to reframe the admission criteria in 2022-23 in accordance with the law.
The plea had submitted that prior to the academic year 2022-23, the minimum age of admission for class I in respondent KVS was throughout 5 years as of March 31.
It was also submitted that the impugned admission criteria of the respondent KVS is arbitrary, discriminatory, unjust, unreasonable, violative of the fundamental right to education of the petitioner as guaranteed to her under Articles 14, 21 and 21-A of the Constitution of India read with the provisions of Delhi School Education Act, 1973 and Right of Children to Free and Compulsory Education Act.
The petitioner, a kid through her father Pawan Kumar submitted that as she would be 5 plus age as of March 31, 2022, she was desirous of applying for admission in class I in respondent KVS in the academic year 2022-23.
However, on February 24, 2022, all of a sudden respondent KVS has made changes in the minimum age criteria for admission in class I from 5 years to 6 years by uploading the impugned guidelines on the portal, just 4 days before the admission process starts. The plea submitted that new guidelines say that "as per the mandate of National Education Policy (NEP) 2020, entry age for Class 1 has been revised to 6 plus years with effect of Academic Session 2022-23".