Delhi High Court.

HC notice to Delhi govt on plea challenging guideline for class 11 admission age limit – education

The Delhi High Court on Tuesday issued a notice to the Delhi government on a petition challenging the validity of the Delhi government’s admission guidelines stipulating the maximum age of 17 for admission to class XI with the relaxation of 1 year, but if there is a sabbatical year, there will be no admission.

A single judge bench of Judge Jayant Nath, while seeking the response from the Directorate of Education and Government of the Children’s Higher Secondary School (Pandara Road), scheduled the matter for a new hearing on December 18.

The statement, presented by student Ravish Kumar Singh through Adv Ashok Agarwal, sought the annulment of the circular dated October 16, 2020, which establishes the maximum age limit for admission, qualifying it as arbitrary, discriminatory, illegal and in violation of Articles 14, 21 and 21A of the Constitution and for being in conflict with the provisions of the Delhi School Education Act of 1973.

Ravish was 17 years, 1 month, and 15 days old on March 31, 2020, and was unable to study for 1 year in 2019-20 while caring for his sick mother in his hometown in Bihar. His uncle took him to Delhi to secure his studies, but the school denied him admission.

Attorney Ashok Agarwal, who appeared on behalf of the petitioner, argued that the admission guidelines are arbitrary, discriminatory, unconstitutional, and irrational to the extent that no discretion is left to waive the sabbatical even in bona fide and genuine cases.

“Legally, there can be no maximum age limit for education and, therefore, prescribing the maximum age of 17 years for admission to class XI is arbitrary, discriminatory and is affected by articles 14 and 21 of the Constitution of India, ”Agarwal introduced.

The pleading also sought instructions for the defendants to grant the petitioner admission to Class XI in the 2020-21 academic year at said school or at any of the responding Government schools near his residence.


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