NEW DELHI: An eleven-year-old student has approached the SC questioning the Government’s admission policy for CM SHRI Schools, which requires students to take an entrance test for admission into Classes 6, 7, and 8.
The writ petition, filed under Article 32 of the Constitution, argues that the mandatory entrance tests violate Article 21-A, which guarantees the right to free and compulsory education, as well as Section 13 of the Right of Children to Free and Compulsory Education Act, 2009, which prohibits the use of any “screening procedure” in school admissions.
The petitioner, Janmesh Sagar, a Class VI student at Government Sarvodaya Bal Vidyalaya, applied for admission to a CM SHRI school for the 2025-26 academic year. Following a government circular issued on July 23, 2025, he appeared for an entrance test on September 13, 2025, as mandated.
The petition contends that such tests are unlawful and discriminatory, emphasising that CM SHRI schools are part of the “specified category” under Section 2(p) of the RTE Act and are not exempt from Section 13’s provisions.
It also points out that previous interpretations by the High Court, which excluded specified category schools from the RTE Act, contradict the constitutional mandate of Article 21-A and Section 13.
Janmesh seeks a declaration from the Supreme Court confirming that Section 13 of the RTE Act applies to CM SHRI schools, nullifying the July 23 circular, and directing that admissions be conducted through a lottery system rather than entrance tests.
The petitioner had earlier approached the Delhi High Court under Article 226 of the Constitution but has now directly moved the Supreme Court because the Delhi High Court had already taken a view that provisions of the RTE do not apply to admissions in specific categories of schools.
It was on July 23, 2025, that the Delhi government had issued a circular whereby guidelines were given for admission tests for Classes VI, VII, and VIII in CM SHRI schools for the session 2025-26. The circular had also mentioned that the government has established 75 CM SHRI schools which have been declared as specified category schools.
RTE Norms
Section 3(1) provides
Every child has the right to free and compulsory education
Every child also has the right to receive such education in a neighbourhood school
These rights apply to children aged six to fourteen years
Sec 12 – duties of Schools
Section 12(1)(a): All schools established, owned, or controlled by the appropriate government or local authority must provide free and compulsory elementary education to all children admitted
Section 12(1)(c) : Schools of specified category and private unaided schools must provide free education to 25% of their intake from the neighbourhood, at the entry level