MINIMUM AGE CRITERION FOR ADMISSION IN KENDRIYA VIDYALAYAS FOR CLASS 1 IS 6 YEARS: SC UPHOLDS DELHI HC JUDGEMENT

The Supreme Court in the case Riyanish Shripad (Minor) through his father versus Ministry of Education and others dismissed the pleas challenging the decision of the Kendriya Vidyalaya Sanghatan (KVS) to increase the minimum age for Class 1 admissions as 6 years from 5 years from the academic year 2022-2023, by upholding the Delhi High Court Judgement.

In an order passed on April 25, the bench observed:

The Division Bench of the High Court, and we may say, rightly so, and that appeal has also been dismissed on 13.04.2022 before we are informed that the other petitioners preferred a Letter Patent Appeal.

The Bench also observed the order of the learned Single Judge assailed before the Bench and are in full agreement with the view taken and give out imprimatur to the same.

The KVS also refuted the argument that the decision violates the Right to Education Act before the Delhi High Court, the KVS had argued for Class 1 admission was increased in accordance with the National Education Policy 2020.

In an affidavit the KVS told High Court about 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 Right to Education Act recognizes the entry age of Class 1 to be 6 years or more.

The RTE Act, 2009 in itself places the KVS in a separate category coupled with the fact that all branches of KVS across the country, being run by the same management are obliged to follow the uniform criteria, the anxiousness of the KVS to introduce the age criteria of 6 years in accordance with the NEP, 2020 is well understandable i.e. the policy which was formulated in 2020 is yet to be implemented across schools in Delhi, despite the same having been already implemented in 21 states but once the statute, No doubt.

Justices Sanjay Kishan Kaul and MM Sundresh dismissed a special leave petition filed by few parents challenging the April 11 judgment of a single bench of the Delhi High Court. The bench said that it was in “full agreement” with the single bench’s view and that the Division Bench “rightly” dismissed the appeals. The bench noted that few other petitioners had approached the Division Bench against the single bench verdict and those intra-court appeals were also dismissed.

a single bench of Justice Rekha Palli dismissed the petitions approving the stand of the KVS On April 11, 2022.

The Bench further added that any such directions will have rippling effect on the age criteria applicable to the KVS School situated all across the country including states wherein the NEP, 2020 has been implemented and consequently, the minimum age criteria for admission to Class-1 has been fixed 6 years in all schools in the said states. Merely because some inconvenience is being caused to the petitioners who will have to wait for the next academic year to apply for admission to the KVS cannot be a ground to direct the KVS to make an exception for its school located in Delhi.

The Single Bench Judge was in the view that the court should not interfere with the said decision of experts as once a conscious and well considered decision had already been taken by the experts that the entry age for admission to Class-| should be 6 years.

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