Implemented Centre's policy: KVS tells Delhi HC opposing Class I admission age criteria

New Delhi [India], March 26 : The Kendriya Vidyalaya Sangathan (KVS) in an affidavit filed in Delhi High Court opposed the plea challenging KVS Class I admission criteria 2022-23 that lays down the minimum age of a child as 6 years instead of 5 years.
The KVS has said that the Government of India has examined the issues at length and has notified National Education Policy (NEP) 2020, wherein a new scheme of pedagogical and curricular restructuring has been proposed to be implemented. Accordingly, KVS 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.
It further states that the Government of India has formulated the NEP 2020 after a consultation process which took into consideration expert opinions, field experiences, empirical research, stakeholder feedback, as well as lessons learned from best practices. It is pertinent to note that the draft National Education Policy was also shared in the public domain for eliciting views of stakeholders including the public. the consultative process also involved the State Governments UTs, as well as Ministries in the Union Government.
On the previous date of hearing, the Delhi High Court was informed by the KVS that the last date of registration has been extended by three weeks from March 21, 2022 till April 11, 2022.
The counsel appearing of KVS made a statement before the bench of Justice Rekha Palli that last date of registration from March 21 has been extended till April 11. After noting the submission, the Court asked KVS, UOI, GNCTD to file their counter affidavit within 10 days and adjourned the matter for April 5, 2022.
Lawyers Ashok Agarwal and Kumar Utkarsh who appeared for the petitioner 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 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 also submitted that the impugned admission criteria of the respondent KVS is arbitrary, discriminatory, unjust, unreasonable, violative of the fundamental right to education of 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 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".
However, the National Education Policy 2020 (NEP 2020) has not mandated any such thing. In fact, the NEP 2020 has not made any changes to the age of school-going, children. It has not disturbed the status quo. The change to 6 plus years is an invention of the respondent KVS without any mandate from the NEP 2020 and that too is to the disadvantage of children like the petitioner.