LI Network
Published on: October 15, 2023 at 11:40 IST
The Madras High Court has instructed Kendriya Vidyalaya to relax the age criterion and admit the petitioner to Class VIII, while not making adjustments to other admission criteria.
Justice N. Seshasayee made notable observations during this decision, emphasizing that admission guidelines related to age limits should be considered as guidelines and not elevated to the status of commandments.
The court underlined the need for a reasonable interpretation of such guidelines, especially when strict compliance produces disproportionate or unjust results.
In this case, the petitioner, the daughter of a non-commissioned Air Force officer, sought admission to Class VIII in Kendriya Vidyalaya. However, her admission was denied due to the age requirement outlined in the guidelines. The petitioner was 14 years and 2 months old, slightly over the age limit stipulated. As a result, she had to attend school at the Army Public School, which was 30 kilometers away.
The petitioner challenged the Admission Guidelines of Kendriya Vidyalaya, arguing that they contravened Article 21A of the Constitution and Section 3 of the Right of Children to Free & Compulsory Education Act, 2009, which is against the policy of automatic admission for children of service personnel.
The petitioner asserted that she previously studied in an Army Public School and should be granted admission based on the transfer certificate issued by CBSE-affiliated schools.
The court noted that the age limit in the Kendriya Vidyalaya Guidelines is not inflexible, as exceptions are made for physically challenged students and those in Class XII. However, these exceptions are not explicitly stated in the guidelines for Class VIII admissions.
The court found the situation to be troubling, especially when a student like the petitioner was denied admission from Class I to XI due to the age limit but could enter Class XII without any age-related restrictions.
The court stressed the need to protect and promote young talents like the petitioner, considering them national assets. It urged Kendriya Vidyalaya, an institution funded by the people, to reconsider its age-related admission guidelines and adapt them to better accommodate such situations.
The court specified that the exception to the age criterion should apply only in exceptional cases and encouraged Kendriya Vidyalaya to amend its Admission Guidelines accordingly.
Case title Shreya Bhattacharya v. Kendriya Vidyalaya Sangathan