The court upheld the authority of Kendriya Vidyalaya Sangathan to implement the National Education Policy, 2020, and set the minimum age for admission to Class-I at 6 years, emphasizing the need for uniformity and the development of the child.

JUDGMENT

Rekha Palli, J. - The petitioners, who are aged about 5 years but yet to complete 6 years as on 31.03.2022, have approached this Court assailing the admission criteria for the academic year 2022-23 issued by the Kendriya Vidyalaya Sangathan (hereinafter referred to as 'KVS') on 24.02.2022, which prescribes the minimum age for admission of a student in Class-I as 6 years or above.

2. On 24.02.2022, the respondent no.1 issued guidelines for admission to all KVS with effect from the academic year 2022-23. according to these guidelines, a child must be 6 years old as on the 31st March of the academic year in which admission was being sought to Class-I. This newly introduced criteria superseded the earlier criteria for admission which permitted the children who were 5 years or more as on the 31st March of the relevant academic year to apply for admission to Class-I. The petitioners, who will turn 6 years on or after 01.04.2022 and are therefore ineligible to apply for Class-I as per the impugned guidelines have, therefore approached this Court.

3. at the very outset, it may be noted that even though, in the writ petition, the petitioners have sought quashing of the guidelines with a direction to the respondents to reframe the guidelines, during the course of arguments, the petitioners have confined their relief only to this academic year and therefore their grievance is primarily relating to the issuance of these guidelines increasing the minimum age for admission to Class-I by one year just before the start of the academic year, which they urge, is wholly arbitrary.

4. In support of the petition, submissions have been made by Mr. ashok agarwal, Dr. Jugesh aspal, Mr. Rakesh K. Sharma and Mr. Subash T M.

5. Learned counsel for the petitioners submit that though all over Delhi, children aged 5 years or above are eligible to apply for admission to class-I, the respondents have introduced the impugned criteria purportedly on the basis of the National Education Policy, 2020 (hereinafter referred to as the 'NEP, 2020') without appreciating the fact that even if any such change was to be introduced, the same had to be done in a phased manner by giving adequate notice to all the concerned stakeholders. They contend that the NEP, which has been issued in 2020, is yet to be made applicable in a number of States and Union Territories across the country. Once, none of the other schools in Delhi are following the NEP, 2020, the KVS, even if it is a special category of school, ought to have ensured that adequate notice is given to all eligible students before introducing the eligibility criteria of 6 years for admission to Class-I.

6. Mr. ashok agarwal, learned counsel for the petitioners submits that without prejudice to his plea that the NEP, 2020 does not in any manner prescribe that the minimum age for admission to class-I should be 6 years, this criteria, which is still to be introduced in all other schools in Delhi could not have so suddenly been brought into force by the KVS. He contends that when all other schools in Delhi are still following the 5-year age criteria for entry to Class-I, the action of the respondents in following the 6-year age criteria would lead to creation of two different age groups for admission to Class-I, in Delhi. This he contends, is wholly arbitrary and irrational and therefore prays that till the NEP, 2020 is introduced in all schools across Delhi, the respondents be also directed to follow the age criteria of 5 years for admission to class-I.

7. Learned counsel for the petitioners submit that notwithstanding the fact that the impugned guidelines are contrary to the Delhi School Education act and Rules, 1973 as also the report of the Ganguly Committee, all the petitioners have been taken by surprise by the impugned guidelines at this belated stage when admissions to most other schools in Delhi have already been completed and therefore contend that the guidelines are liable to be set aside on this ground