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Court notice to Kendriya Vidyalayas on admitting poor students
Thursday February 09, 2012 08:20:12 PM,
IANS
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New Delhi: The Delhi
High Court Thursday issued notice to the Kendriya Vidyalaya
Sangathan (KVS), the ministry of human resource development and
the Directorate of Education on a petition challenging the
legality of KVS admission guidelines for economically weaker
students.
A division bench of Acting Chief Justice A.K. Sikri and Justice
Rajiv Shah Endlaw sought the response of the authorities by Feb
22.
The petitioner, advocate Ashok Aggarwal, alleged that the KVS
Admission Guidelines 2012-2013 for admission in Class 1 for the
Disadvantaged Group/Economically Weaker Sections (EWS) violate the
provisions of the right to education act.
The petition stated that KVS has provided 22.5 percent reservation
to Scheduled Castes and Scheduled Tribes within the 25 percent
reserved quota for children belonging to disadvantaged groups,
including SCs/STs.
Aggarwal argued that this was not permissible under the right to
education act since it translates into "reservation within
reservation" and is invalid.
"KVS has reserved 25 percent seats for the children belonging to
disadvantaged group and EWS but at the same time, introduced 22.5
percent reservation of the total seats for SC/ST in the said
reserved category of 25 percent seats, resulting in unjust
discrimination among the categories of students falling under the
reserved categories of disadvantaged group and EWS," the petition
said.
Aggarwal asked the court whether there can legally be a
reservation within reservation for SCs/STs.
Citing an example, Aggarwal said, out of the total 10 seats
reserved for children belonging to disadvantaged groups and EWS
under the 25 percent reserved seats, nine seats would go to SC/ST
and one seat would be left for children belonging to other
backward classes, children with disabilities and others.
"If nine seats out of 10 seats are reserved for SC/ST percentage
of reservation would not only be 22.5 percent but would be 90
percent, which is otherwise also, not permissible in law."
Besides seeking the court's directions for the KVS to reframe its
admission guidelines 2012-13 for Class 1 in accordance with the
law, the petitioner also sought to declare the guidelines
arbitrary and unconstitutional.
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