5 months ago
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The Delhi High Court has upheld the validity of the admittance trial conducted for introduction into Class VI of CM SHRI Schools, holding that the process does not interruption the Right of Children to Free and Compulsory Education Act, 2009.
The Bench of Justice Jyoti Singh dismissed the writ petition filed by Master Janmesh Sagar, who had argued that subjecting students to an admittance trial amounted to an unlawful screening process prohibited nether Section 13 of the RTE Act and infringed upon the cardinal Right To Education nether Article 21-A of the Constitution.
The petitioner, represented by his father, had challenged the Delhi Government’s circular dated July 23, 2025, which laid down guidelines for admissions to Classes VI to VIII successful CM SHRI Schools for the 2025-2026 world session. He claimed that helium was compelled to acquisition an admittance trial connected September 13, 2025, and was subsequently declared ‘failed’ erstwhile the effect was announced connected September 29, 2025.
Before approaching the High Court, the petitioner had filed a writ petition nether Article 32 of the Supreme Court. The Supreme Court disposed of the petition connected November 17, 2025, granting liberty to attack the High Court, which helium did pursuant to that order.
Appearing for the Delhi Government, Counsel Sameer Vashisht submitted that the contention had already been settled by the 2012 Division Bench ruling successful Social Jurist v. GNCTD, which upheld selection-based admissions into Rajkiya Pratibha Vikas Vidyalayas astatine Class VI.
He argued that CM SHRI Schools, similar RPVVs, autumn nether the class of “specified class schools” and truthful the prohibition connected screening nether Section 13 of the RTE Act does not use to Class VI admissions. The Central Government’s counsel besides supported this position.
After examining the worldly and the earlier judgment, the Court held that the barroom connected screening procedures nether Section 13 applies lone to admissions astatine the introduction level, namely Nursery oregon Class I. At the Class VI stage, the Court explained, the process is treated arsenic a “transfer” alternatively than a caller admittance astatine the introduction level. Since children seeking admittance are already enrolled successful schools that connection afloat simple education, the RTE Act does not confer immoderate statutory close to request admittance oregon transportation to specified class schools specified arsenic CM SHRI Schools. The Court noted that providing enhanced acquisition opportunities to students who show imaginable cannot beryllium considered discriminatory, particularly erstwhile the fig of superior institutions is limited, and request acold exceeds the disposable seats.
The Court besides clarified that the liberty granted by the Supreme Court to record the petition earlier the High Court did not connote that the petition indispensable beryllium allowed. The absorption lone required the High Court to see the substance successful accordance with the law, which it did.
Concluding that the issues raised by the petitioner were squarely covered by the binding precedent of the Division Bench, the Court dismissed the writ petition arsenic being without merit.
