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Withdrawal of Twin Girl Admission Benefit in Kendriya Vidyalayas Valid:
In a significant ruling regarding education policy, the has dismissed a challenging the withdrawal of the special admission quota for twin girl children in Kendriya Vidyalayas (KV). Justice Bechu Kurian Thomas held that the previous concession, which allowed for the admission of twin girls over and above the sanctioned class capacity, was a temporary privilege that had been revoked in the academic year and did not constitute a permanent .
Case Background The petition was filed by Rajesh R., an employee, on behalf of his six-year-old daughter, seeking admission to the in Kollam. The petitioner’s twin daughters had applied for admission under Category I for the academic year. While one daughter secured admission based on merit, the second twin was placed 16th on the waiting list.
The petitioner argued that separating the twins would cause emotional distress and cited the spirit of the 'Beti Bachao Beti Padhao' scheme, contending that the policy of treating twins as a single admission unit should be restored as a matter of gender justice.
Arguments Presented The counsel for the petitioner emphasized the strong emotional bond between the twins, asserting that their separation would be contrary to their well-being. They further argued that the withdrawal of the benefit was arbitrary and violated by failing to maintain a practice previously established to promote girl child education.
Conversely, the respondents ( ) maintained that admissions are strictly governed by centrally notified guidelines established to ensure transparency and uniformity. They clarified that the specific quota for twin girls was a policy decision that ceased to exist after the session. The school argued that any departure from the current guidelines would undermine the integrity of the selection process and unfairly prejudice other candidates who had followed the prescribed rules.
Legal Analysis The Court focused on the distinction between a "privilege" and a "right." Justice Bechu Kurian Thomas observed that admission guidelines for the and sessions explicitly omitted the previous provision for twin girl children. Since the petitioners were aware of the current guidelines at the time of application, the Court rejected the plea of " ."
Citing the precedent in , the Court reiterated that privileges granted for educational concessions cannot be transformed into enforceable legal rights. Furthermore, the Court noted that KVs act as national institutions that must adhere to uniform standards to maintain teacher-student ratios and class capacity.
Key Observations
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"The challenge against its discontinuation has no merits. What was in existence was only a privilege given to twin girl children and not a right. Privileges conferred can be withdrawn at any time."
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"Kendriya Vidyalayas cater to numerous students across the country and are hence obligated to adhere strictly to uniform admission norms."
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"In the absence of any stipulation in the Guidelines for
, there is no reason to assume that petitioners expected a concession for twin girl children to be granted."
Court's Decision The concluded that in the absence of an enabling provision under the current admission guidelines, the Court could not grant special, discretionary relief to the second petitioner. The Court maintained that forcing the school to bypass the waiting list would negatively impact the fairness of the admissions process for all participants. Consequently, the was dismissed, reinforcing the importance of strictly adhering to published administrative policy in competitive school admissions.
