Explained: The minimum age criteria for Kendriya Vidyalayas and what the court has said

The KVS’ decision to raise the age of admission from five to six years for class 1 admissions was challenged by parents in the Delhi High Court and later, the Supreme Court

Representative image of Kendriya Vidyalaya. PTI

The Supreme Court rejected petitions filed by parents challenging the Kendriya Vidyalaya Sangathan (KVS)’s decision to raise the minimum age for admissions to Class 1 from 5 to 6 years from the 2022-2023 academic year.

As per the KVS’ revised guidelines for 2022-23 academic year, for Class 1 admissions, a child must be at least 6 years old as of March 31 of that particular academic year and should not be more than 8 years old on March 31.

“Child born on April 1 should also be considered,” according to KVS admissions 2022-23 revised guidelines

Why was the age revised for Class 1 admissions?

According to the new National Education Policy (NEP) introduced in 2020, a child should have three years of pre-school or preparatory school during their early childhood, aged 3 to 5 years.

These three years of pre-school will also be considered as part of a child’s formal schooling.

The NEP advocates moving away from the 10+2 structure to the 5+3+3+4 format corresponding to ages 3-8, 8-11, 11-14, and 14-18 years respectively.

The KVS has justified raising the age of admission from five years to 6years based on the argument that it is trying to align its structure with the new NEP.

Also read: Explained: Why has the government scrapped the MP quota for Kendriya Vidyalaya?

After the three years of pre-school, a Class 1 student should be 6 years of age, and not 5.

According to the Indian Express, the KVS has also stated that as many as 21 states have already adopted the age of 6 for admission to Class 1.

Why did the parents oppose the change in court?

As per a PIL in the Delhi High Court, a group of parents argued that the decision to change the age eligibility criteria was sudden as the admission guidelines were updated just four days before the admission process started on 28 February.

They also argued that the change in age criteria violated the right of their children to education guaranteed under Articles 14, 21, and 21-A of the Constitution as well as under the provisions of the Delhi School Education Act, 1973, and Right of Children to Free and Compulsory Education Act, 2009.

What did the courts say?

Dismissing the parents’ petitions on 11 April, Justice Rekha Palli of the Delhi High Court observed that the decision regarding the KV admission age criterion was not sudden as it aligns with the new NEP, and that policy hasn’t been challenged legally.

The Central government, represented by Additional Solicitor General Chetan Sharma, argued that there was no “vested right” in the petitioners to seek admission in KV and the petitioners would become eligible for admission next year.

Earlier, the senior advocate had argued that the decision was not sudden as it is in terms of the National Education Policy (NEP) which came in 2020 and the policy is not under challenge. He had urged the court to not “interdict” as its order would have a pan-India impact and create “heterogeneity” amongst the students who would be aged five to seven years.

Later, a Supreme Court bench, comprising Justices Sanjay Kishan Kaul and M M Sundresh, upheld the Delhi High Court’s decision.

“We are informed that the other petitioners preferred a Letter Patent Appeal before the Division Bench of the High Court, and we may say, rightly so, and that appeal has also been dismissed on 13.04.2022. We have also gone through the order of the learned Single Judge assailed before us and are in full agreement with the view taken and give our imprimatur to the same. The Special Leave Petition is accordingly, dismissed,” said the bench.


With inputs from agencies

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