Delhi HC strikes down KVS Norms of reservation provision

Updated on: Monday, November 12, 2012

A Kendriya Vidyalaya Sangathan norm which provided for reservation in admission for scheduled caste and tribe students within the 25 percent quota for the poor has been struck down by the Delhi High Court.

Holding the provision of admission norms as violative of the Right of Children to Free and Compulsory Education (RTE) Act, a bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw ordered Kendriya Vidyalay Sangatha (KVS) to reframe its guidelines for academic year 2013-14.

"We are inclined to accept the case and declare that Clause 5(3) of the admission guidelines of the school for admission in class-I in academic year 2011-12 for introducing reservation to the extent of 22.5 percent of total seats for SC/ST out of the 25 percent seats reserved for children of the disadvantaged group and the economically weaker section is illegal and contrary to the provisions of the said (RTE) Act," the bench said.

Accordingly, the court asked KVS to reframe guidelines for admissions for year 2013-14.

The court order came on a petition, filed by NGO Social Jurists through counsel Ashok Agarwal against the KVS norms for reservation of admission of SC/ST students within the 25 percent quota for those belonging to Economically Weaker Sections (EWS) of the society, introduced in 2011-12.

The bench in its verdict was also of the opinion that if KVS norms are implemented, the children belonging to weaker sections and disadvantaged groups would be "deprived of their legitimate share in the admission" and also this classification would amount to "discrimination" against the disadvantaged children.

"In the event, the classification made by the school through its guidelines is implemented, the resultant position would be only to frustrate the provision of the Act whereby the children belonging to weaker section and disadvantaged group would be deprived of their legitimate share in the admission," the court said.

The petitioner's counsel had earlier argued that quota within quota was not permissible under the Right To Education (RTE) Act.

"Out of 10 seats reserved by a school in 25 percent quota under RTE Act, KVS Guidelines earmarked nine seats for SC/ST students leaving only one seat for all other categories like OBC, disabled children, EWS etc, which defeats the very object of the Act," the advocate had said terming the guidelines as "arbitrary and discriminatory."

The counsel had further argued that "amongst the categories mentioned in the RTE Act for the purpose of reservation, no category is entitled to preference over the other as they all form one homogeneous class and is entitled to equal treatment."

Delhi HC strikes down KVS Norms of reservation provision

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