New Delhi [India], December 18 (ANI): An 11-year-old student has approached the Division Bench of the Delhi High Court challenging the Delhi government’s policy of conducting an entrance test for admission to Class VI in CM SHRI Schools, alleging that the process is illegal and violative of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
A fresh appeal has been filed through senior advocate Ashok Agarwal against a recent judgment of a Single Bench of the High Court, which upheld the validity of the Class VI admission test at CM SHRI Schools.
The appellant student, through a lawyer, has contended that the Single Judge erred in law by failing to appreciate that subjecting a child to an admission or selection test at the elementary level is expressly prohibited under Section 13 of the RTE Act.
It has been argued that Section 13 of the RTE Act was enacted to safeguard the fundamental right of every child to free, fair and non-discriminatory access to education, as guaranteed under Article 21-A of the Constitution.
The provision, the appeal states, clearly prohibits exploitative practices, including the collection of capitation fees and the conduct of screening procedures during the admission process.
These statutory safeguards, the appellant contends, are aimed at ensuring transparency, equity and inclusiveness in school admissions, which the impugned entrance test undermines.
The appeal follows the dismissal of a writ petition filed by Master Janmesh Sagar, an 11-year-old student, challenging the Delhi government’s circular dated July 23, 2025, which laid down the admission guidelines for Classes VI to VIII in CM SHRI Schools for the 2025-26 academic session. The Single Bench of Justice Jyoti Singh had held that the admission test did not violate the RTE Act and dismissed the plea as being without merit.
In its judgment, the Single Bench relied on a 2012 Division Bench ruling in Social Jurist v. GNCTD, which upheld selection-based admissions to Rajkiya Pratibha Vikas Vidyalayas (RPVVs) at the Class VI level.
The court held that CM SHRI Schools fall under the category of “specified category schools” and that the prohibition on screening under Section 13 of the RTE Act applies only to entry-level admissions, such as Nursery or Class I, and not to Class VI, which was treated as a stage of transfer rather than initial entry.
The court had further observed that the RTE Act does not confer a statutory right on students to seek admission or transfer to specified category schools offering enhanced educational facilities, particularly when demand far exceeds the number of available seats.
Challenging this reasoning before the Division Bench, the appellant has asserted that the interpretation adopted by the Single Judge dilutes the protective intent of the RTE Act and legitimises screening procedures at the elementary level, contrary to the express legislative mandate.
The appeal seeks the setting aside of the Single Bench judgment and a declaration that the entrance test for Class VI admissions in CM SHRI Schools is unlawful. The matter is now expected to come up before the Division Bench of the Delhi High Court later this week. (ANI)
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