Delhi HC Upholds Centre’s Authority in Determining EWS Eligibility for KV Admissions

Delhi High Court affirmed that the Centre, overseeing the Kendriya Vidyalaya Sangathan (KVS), holds the prerogative to specify the annual income threshold for the economically weaker section (EWS) category.

The court emphasized that denial of admission based on the origin of the income certificate, obtained from another state rather than the Delhi government, is impermissible.

Justice Anup Jairam Bhambhani clarified that the central government has mandated the issuance of the EWS certificate by an officer not below the rank of tehsildar, following due process and thorough verification of relevant documents.

The requirement pertains to the state where such verification is feasible, regardless of the location of the KV school in the country.

Highlighting that the gross annual family income threshold for EWS is set below Rs 8 lakh, the court declared the rejection of admission on the grounds of the certificate being from Uttar Pradesh and not Delhi as untenable.

The court’s decision came in response to a petition filed by a man seeking admission for his son under the EWS category in a Kendriya Vidyalaya in Delhi.

The petitioner, originally from Azamgarh in Uttar Pradesh, had moved to Delhi for employment and desired admission for his son in a KV school.

Despite the delay caused by litigation, the court ordered admission to Class 3.

The EWS certificate, issued by a tehsildar in Azamgarh, was contested by KVS on the basis of alleged irregularities in the application.

The court, while acknowledging these contentions, directed KVS to grant regular admission to the petitioner’s son in Kendriya Vidyalaya, Narela, for the academic session 2023-2024.