Government's view sought on poor students'
admission to KVs
Sunday March 11, 2012 12:12:25 PM,
IANS
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New Delhi: The Delhi
High Court has sought the view of the central government on a plea
challenging the legality of the admission guidelines of the Kendriya Vidyalaya Sangathan (KVS) for economically weaker
students (EWS).
The court noted that the Kendriya Vidyalayas since 1972 have been
giving reservations in admission to the extent of 22.5 percent for
scheduled castes/scheduled tribes (SC/ST) category students.
"Now as per Right of Children to Free and Compulsory Education
Act, 2009, 25 percent seats are to be reserved for children
belonging to disadvantaged groups as well as children belonging to
economically weaker sections. Admittedly disadvantaged group
includes SC/ST category children as well," the court observed.
"This raised question as to whether Kendriya Vidyalaya can
continue to give reservation to the extent of 22.5 percent for
SC/ST category students thereby leaving only 2.5 percent seats for
other disadvantaged groups as well as EWS," said division bench of
Acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw
recently, according to a order made available this week.
Seeking to elicit the view of the government, the court said: "It
seems that the Union of India has not looked into and examined the
matter from this angle. We would therefore like to elicit the
views of the central government on this aspect."
The court's order came on a plea that alleged that the KVS
Admission Guidelines 2012-2013 for admission in Class 1 for the
disadvantaged group/EWS violate the provisions of the right to
education act.
The petition contended that the KVS has provided 22.5 percent
reservation to SC/STs within the 25 percent reserved quota for
children belonging to disadvantaged groups including SCs/STs.
Petitioner, advocate Ashok 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 per cent seats, resulting in unjust
discrimination among the categories of students falling under the
reserved categories of disadvantaged group and EWS," the petition
said.
Aggarwal had asked the court whether there can legally be a
reservation within reservation for SCs/STs.
He cited an example, that 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, the
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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