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'Reservation within reservation' illegal,
says court
Friday November 09, 2012 08:06:37 PM,
IANS
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New Delhi: The Delhi
High Court Friday called "illegal" the Kendriya Vidyalaya
Sangathan's 2011-12 admission guidelines giving reservation to the
Scheduled Castes and Tribes within the 25 percent seats reserved
for economically-weaker sections.
Observing that admission guidelines were violative of the Right of
Children to Free and Compulsory Education Act, 2009, a division
bench of Chief Justice D. Murugesan and Justice Rajiv Sahai Endlaw
directed the Kendriya Vidyalaya Sangathan (KVS) to reframe its
guidelines for academic year 2013-14.
The court order came on a petition challenging the legality of the
KVS's 2011-12 admission guidelines for Class 1 for the
disadvantaged group and Economically Weaker Sections (EWS) that
introduced 22.5 percent seats for the Scheduled Castes (SCs) and
the Scheduled Tribes (STs) out of the 25 percent seats reserved
for children belonging to disadvantaged groups and EWS.
"We are inclined to accept the case and declare that Clause 5(3)
of the admission guidelines for admission to the school in Class I
in the academic year 2011-12 introducing reservation to the extent
of 22.5 percent of total seats for SC/ST out of 25 percent seats
reserved for children belonging to disadvantaged group and
economically weaker section is illegal and contrary to the
provisions of the said act," said the bench.
"The petitioner has prayed for appropriate direction directing the
school to reframe its admission guidelines. For the reasons, we
direct the school to reframe its guidelines for admissions in the
ensuing academic year 2013-14," it said.
The petitioner, advocate Ashok Aggarwal, had alleged that the
KVS's 2011-2012 admission guidelines for admission to Class 1 for
the disadvantaged groups and EWS violated the Right to Education
Act.
The court opined that if these guidelines were to be implemented,
the children belonging to weaker sections and disadvantaged groups
would be "deprived of their legitimate share in the admission" and
the classification would amount to "discrimination" among
disadvantaged children.
"In the event the classification made by the school through its
guidelines is implemented, the resultant position would be only to
frustrate the provision of the act whereby children belonging to
weaker section and disadvantaged group would be deprived of their
legitimate share in admission," the court said.
The petition had said that this was not permissible under the
Right to Education Act since it translated into "reservation
within reservation" and was invalid.
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