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Harish V Nair, Hindustan Times
New Delhi, November 10, 2012
The Delhi high court on Friday quashed a clause in Kendriya Vidyalaya’s admission guidelines that introduced 22.5% quota for SC/ST students within the 25% seats reserved for children from the economically weaker sections in admissions to Class 1. “The clause introduced in 2011 is illegal and contrary to the provisions of the Right to Education Act,” ruled a bench of Chief Justice D Murugesan and Justice R S Endlaw.

“If the classification made by KVs through its guidelines is implemented, the resultant position would be only to frustrate the provision of the Act as children from the weaker section would be deprived of the legitimate share in admission,” the judges said.

The court directed the Kendriya Vidyalaya Sangathan to reframe its guidelines for admissions in the ensuing academic year, 2013-14. The court was pronouncing its judgment on a petition filed by NGO Social Jurist that challenged the legality of the guidelines.Lawyer Ashok Agarwal contended this was not permissible under the Right to Education Act, since it translates into ‘reservation within reservation’.

Upholding the argument, the court was of the view that as per the RTE Act, 25% seats are to be reserved for children from the disadvantaged groups as well as children belonging to economically weaker sections.

Agarwal had argued that the clause resulted in unjust discrimination among students falling under the reserved categories of disadvantaged group and  economically weaker students.