HC: KVS Can't Deny EWS Admission Based On Out-of-State Certificate
Last update: Nov 20, 2024
NEW DELHI: The Delhi High Court recently handed down a ruling. The ruling affirmed that the Centre oversees the Kendriya Vidyalaya Sangathan (KVS). The Centre holds the authority to establish the annual income threshold. This threshold determines eligibility for the economically weaker section (EWS) category. Justice Anup Jairam Bhambhani presided over the case.He emphasized that the KVS cannot refuse admission to an EWS category student.
This refusal cannot be solely because their income certificate is from a different state. Justice Bhambhani explained that the central government mandates such certificates to be issued by an officer not lower than the rank of tehsildar within the state. These certificates undergo rigorous verification of all pertinent documents. They must also adhere to the prescribed procedures mandated by individual state governments. This ruling establishes a precedent. It ensures equitable access to education for economically disadvantaged students across different states under the EWS quota. In presiding over the case, Justice Anup Jairam Bhambhani emphasized that the Kendriya Vidyalaya Sangathan (KVS) cannot deny admission to a student under the economically weaker section (EWS) category solely because their income certificate hails from a different state rather than from the Delhi government. He explained that the central government mandates such certificates. These certificates must be issued by an officer of no lesser rank than a tehsildar within the state. The verification of all pertinent documents is stringent. Adherence to the prescribed procedures mandated by individual state governments is necessary. Justice Bhambhani's landmark ruling establishes a significant precedent. It ensures equitable access to education for economically disadvantaged students across various states under the EWS quota.
Petition regarding KVS admission
The high court allowed a petition by a man seeking action to KVS (Delhi region) to grant admission to his son in a > in the national capital under the EWS category after quashing the January 3, 2022 communication issued by the authorities declining admission. The petitioner, a native of Azamgarh in Uttar Pradesh, initially sought admission for his son in class 1 under the EWS category. He stated that he moved to Delhi after securing a job and desired his son's admission to a Kendriya Vidyalaya in the national capital. Due to the duration of the litigation, significant time was lost. The court ordered his son's admission to class 3.
Direction by court
A tehsildar in Azamgarh issued the EWS certificate to him. The KVS counsel argued that the petitioner's son was declined admission. The denial was not solely because the man had produced an income certificate or EWS certificate from Uttar Pradesh. There were also other glaring irregularities in the application. The court allowed the petition. The court stated, Considering that the petitioner's ward was denied admission despite the initial allotment made for academic session 2021-2022 in Class I, it is deemed appropriate to mould the relief sought in the present petition, acting KVS to grant regular admission to the petitioner's ward in Kendriya Vidyalaya, Narela for the academic session 2023-2024 forthwith (in class 3).
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