A division bench of Delhi High Court today passed a landmark judgement interpreting section 12(1) (c) and section 35 of RTI Act 2005 and ruled that section 35 can't be used to dilute the provisions of act itself. Admission guideline by Kendriya Vidyalaya has been quashed up to extent that the 22.5 % seats for SC/ST can't be carved out from existing 25% Under RTE Act 2005. The court found the admission guideline notified by the Kendriya vidyalaya illegal and directed the KVS to re-frame the guideline in accourdance to the judgement passed by the division bench.
Present judgement not only protected the beautiful classification of a group consisting all underprivileged group of society but shown to the state governments to restrain them self from monkey split of EWS seats. As of now almost 11 states has sub-classified the EWS/DG mentioned under RTE Act 2009 and applicable in unaided private school. This is a gift by social jurist petitioner to almost one lackh children from EWS category to participate equally for admission under EWS/DG category in Kendriya Vidyalaya under RTE Act 2009 but another several lakh of EWS student will be benefited for admission in EWS/DG category in above mentioned 11 states.The most important fact emerged from judgement is impressibility of further classification of children by the misuse of section 35 of RTE Act 2009 which addresses several other issues like nursery guidelines where Union of India notified that 25% admission will be through draw of lots and remaining 75% will be admitted as per guideline framed by schools.
We must salute the vision of Mr. Ashok Agarwal and Social jurist which has filed the petition challenging the guidelines by Kendriya Vidyalaya. Being a member of social jurist and associated with Mr. Agarwal in present petition is really a matter of pride for us.
Khagesh B. Jha, Adv.
M- 8826456565
Present judgement not only protected the beautiful classification of a group consisting all underprivileged group of society but shown to the state governments to restrain them self from monkey split of EWS seats. As of now almost 11 states has sub-classified the EWS/DG mentioned under RTE Act 2009 and applicable in unaided private school. This is a gift by social jurist petitioner to almost one lackh children from EWS category to participate equally for admission under EWS/DG category in Kendriya Vidyalaya under RTE Act 2009 but another several lakh of EWS student will be benefited for admission in EWS/DG category in above mentioned 11 states.The most important fact emerged from judgement is impressibility of further classification of children by the misuse of section 35 of RTE Act 2009 which addresses several other issues like nursery guidelines where Union of India notified that 25% admission will be through draw of lots and remaining 75% will be admitted as per guideline framed by schools.
We must salute the vision of Mr. Ashok Agarwal and Social jurist which has filed the petition challenging the guidelines by Kendriya Vidyalaya. Being a member of social jurist and associated with Mr. Agarwal in present petition is really a matter of pride for us.
Khagesh B. Jha, Adv.
M- 8826456565
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