KVS can't deny EWS admissions if certificate issued by another state: HC

The Centre, which controls the Kendriya Vidyalaya Sangathan (KVS), is the appropriate government for notifying the annual income threshold to decide whether a child belongs to the economically weaker section (EWS), the Delhi High Court has ruled.

It said the KVS cannot deny admission to a student under the EWS category on the ground that the income certificate has been obtained from another state and not from the Delhi government.

Justice Anup Jairam Bhambhani said the central government has notified that a certificate for that purpose is to be issued by an officer not below the rank of tehsildar in the state, after carefully verifying all relevant documents and following due process as prescribed by the respective state governments.

"This implies that for a candidate applying for admission to a KV school anywhere in the country under the EWS category, they need not furnish a certificate issued from the state government where the school is situated but such certificate is required to be furnished by an officer of the specified rank in the State where such verification is possible," the high court said.

It added that the central government has notified the gross annual family income threshold for the purpose of determining EWS category as below Rs 8 lakh.

"The ground on which KVS has rejected the petitioner's ward for admission, viz that the EWS certificate has been obtained from the State of Uttar Pradesh and not from the Government of NCT Delhi, is untenable," the high court said.

The high court allowed a petition by a man seeking direction to KVS (Delhi region) to grant admission to his son in a Kendriya Vidyalaya in the national capital under the EWS category after quashing the January 3, 2022 communication issued by the authorities declining admission.

The petitioner, a native of Azamgarh in Uttar Pradesh, had initially sought admission for his son in class 1 under the EWS category. He said he moved to Delhi on securing a job and wanted his son to be admitted to a Kendriya Vidyalaya in the national capital. Since significant time was lost during the litigation, the court ordered his admission to class 3.

The EWS certificate was issued to him by a tehsildar in Azamgarh.

The KVS counsel argued that the petitioner's son was declined admission not only on the ground that the man had produced an income certificate/ EWS certificate from Uttar Pradesh but also because there were other "glaring" irregularities in the application.

While allowing the petition, the court said, "Considering that the petitioner's ward was denied admission despite the initial allotment made for academic session 2021-?2022 in Class I, it is deemed appropriate to mould the relief sought in the present petition, directing KVS to grant regular admission to the petitioner's ward in Kendriya Vidyalaya, Narela for the academic session 2023-2024 forthwith (in class 3).