Delhi High Court: In a petition filed under Article 226 and 227 of the Constitution, Anup Jairam Bhambani, J.*, opined that insofar as Kendriya Vidyalaya (‘KV’) was concerned, being an institution owned and controlled by the Central Government, the ‘appropriate government’ for notifying the annual income threshold to decide, whether a child belonged to EWS category was the Central Government. The Court noted that the Central Government had notified the gross annual family income threshold for determining EWS Category as below Rs. 8 Lakhs and a certificate for that purpose was to be issued by an officer, not below the Tehsildar rank in the State. The Court opined that this implied that for a candidate applying for admission to KV schools anywhere in the country, under EWS category, needed to furnish a certificate issued from the State Government, where the school was situated, but such certificate was required to be furnished by an officer of the specified rank in the State, where such verification was possible. Thus, the Court directed KVS to grant regular admission to the petitioner’s son in KV, Narela for Academic Session 2023-2024.
Background
In an instant case, the petitioner was a native of Azamgarh, Uttar Pradesh and since, he secured a job in Delhi, he shifted to Delhi. The petitioner intended that his wife and child should move to Delhi, so on 17-04-2021, the petitioner applied for admission of his son to KV, Narela and in a draw of lots conducted by way of Right to Education Lottery by KVS, the petitioner’s son was allotted a seat in Class-1 for the Academic session 2021-2022 in KV Narela.
Thereafter, the petitioner produced an Income and Asset Certificate issued by the Tehsildar, Azamgarh, Uttar Pradesh which was required to be produced by an applicant under the EWS category. However, despite being allotted a seat, when the petitioner approached the school for completing the formalities for his son’s admission, the school declined to grant the admission. Further, when the petitioner raised a grievance in this behalf, the petitioner received another communication, wherein it was stated that only an EWS Certificate issued from Delhi was recognised for admission of KVS situated in Delhi.
Thus, the petitioner filed the present writ petition.
Analysis, Law, and Decision
The Court opined that if a school was established, owned or controlled by the Central Government, the appropriate government in relation to such school was the Central Government. The Court noted that KVs were not schools recognised under Delhi School Education Act, 1973 or the rules made there under, and these schools were not bound to follow local Acts and Regulations of every State.
Further, the Court referred to Office Memorandum dated 17-01-2019 issued by the Ministry of Social Justice and Empowerment, Government of India, and opined that it clearly enunciated that the family’s income and assets would require to be certified by an officer in the States or Union Territories and the officer issuing such certificate would do so after carefully verifying all the relevant documents following due process as prescribed by the respective State and Union Territories. Therefore, the Court opined that it would be impossible for a Tehsildar and other official in Delhi to verify the income and assets of a person whose native place was not Delhi and accordingly, issue a required certificate.
The Court opined that insofar as KVs were concerned, being an institution owned and controlled by the Central Government, the ‘appropriate government’ for notifying the annual income threshold to decide whether a child belonged to EWS category was the Central Government. The Court noted that the Central Government had notified the gross annual family income threshold for determining EWS category as below Rs. 8 Lakhs and a certificate for that purpose was to be issued by an officer, not below the Tehsildar rank in the State. The Court opined that this implied that for a candidate applying for admission to KV schools anywhere in the country, under EWS category, needed to furnish a certificate issued from the State Government, where the school was situated, but such certificate was required to be furnished by an officer of the specified rank in the State, where such verification was possible. Thus, the Court directed KVS to grant regular admission to the petitioner’s ward in KVS, Narela, in Class-1 for Academic Session 2023-2024.
[Hare Krishna Pathak v. Kendriya Vidyalaya Sangathan, 2023 SCC OnLine Del 8350, decided on 22-12-2023]
*Judgment authored by- Justice Anup Jairam Bhambhani
Advocates who appeared in this case :
For the Petitioner: Aayush Agarwala with Siddham Nahata and Auritro Mukherjee, Advocates.;
For the Respondents: N. K. Bhatnagar, Advocate; Utkarsh Singh, Advocate for Santosh Kumar Tripathi, Standing Counsel (Civil).
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