KVS Admission 2022: Delhi High Court said – Delhi cannot have two different types of schools for the same education

On fixing the minimum age of 6 years for admission to Class I in Kendriya Vidyalayas (KVS Admission 2022) from the upcoming session, the Delhi High Court on Monday said that there are no two different types of schools for the same education in Delhi. Maybe, in one of which the minimum age for admission in the first class has been fixed at 6 years, while in the other type of school, 5 years has been fixed.

Justice Rekha Palli, hearing the petitions challenging the decision of Kendriya Vidyalaya Sangathan to fix the minimum age of 6 years for admission in the first class in Kendriya Vidyalaya, said that the court did not interfere in the National Education Policy (NEP). But having two different age criteria for admission in first-class would create an odd situation. The next hearing of the case will be on March 16.

The court said that Kendriya Vidyalaya is also like other schools. The central government cannot say that because I am running these schools, I am exempt. The court said that there cannot be two different types of schools in Delhi for the same education. We cannot see such heterogeneity in NCT. The Center will have to make up its mind to consider it.

During the hearing, the counsel for the Delhi government told the court that the age criterion for admission to class I in its schools is still five years and it has nothing to do with KV. Central government counsel Apoorva Kurup submitted that the new age criterion was in the context of NEP which was created to remove this disparity and he had written to the state authorities to adopt it.

The lawyer said that the Center is trying to bring everyone in the upper age limit of six years and 21 states and union territories are already following it. The court said that just because the Delhi government has not adopted the NEP, why should the parents and children suffer.

The court further said that the court will not come into the education policy, but you have to take proactive steps to bring about uniformity. The court also asked the respondents whether they have given advance notice to the stakeholders that there will be a change in the Class 1 admission criteria in terms of NEP which came into existence in 2020.

The court said did you follow NEP 2021? Was there a public notice that you will follow this year? The policy is from 2020. Some public notice should have been given.

Justice Palli allowed the counsel for the Central Government and Kendriya Vidyalaya Sangathan (KVS) to file relevant documents on record on the issue and said she would pass a reasoned order on the issue on granting interim relief to the petitioners.

Advocate Ashok Aggarwal, appearing for one of the petitioners, submitted that KVS suddenly changed the age norms which left the parents surprised and at least one year's notice should have been given.

KVS had earlier told the court that the age criteria were updated in strict compliance with the National Education Policy for 2020 issued by the Center on July 9, 2020.

The petition said the change was arbitrary, discriminatory, unjust, unfair, and without the authority of law and did not give enough time to the parents to make alternative arrangements.

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