NEW DELHI: The Delhi High Court has made a ruling stating that the Union of India (UOI) is the appropriate governing body responsible for notifying the gross annual family income threshold. This threshold is used to determine whether a child belongs to the Economically Weaker Section (EWS) category, which is defined as having a gross annual family income below Rs 8 lakh.
While allowing the petition filed by an Azamgarh man from Uttar Pradesh, Justice Anup Jairam Bhambhani said the central government has notified that a certificate for admission of a ward is to be issued by an officer, not below the rank of tehsildar in the state in connection with the case of a ward be admitted to any Kendriya Vidyalaya Sangathan school.
The judge also took into the record that in this particular case, the EWS certificate was issued to him by a tehsildar in Azamgarh in the state of Uttar Pradesh. It also made it clear in its order that this court went through all the records and after carefully verifying all the relevant documents, this court can say that the due process as prescribed by the respective state govt has also been followed by the petitioner.
It thereby directed that the petitioner's son be given admission in Delhi's KVS (Delhi region) in a Kendriya Vidyalaya in the national capital as per law and statute.
It is to be noted that the Centre controls the Kendriya Vidyalaya Sangathan (KVS).
The KVS authorities had refused to admit the child, as a result of which his father had to move the Delhi HC seeking appropriate directions and or orders into the case.
The HC also in its order quashed the January 3, 2022 communication issued by the authorities declining admission to the child.
The petitioner had initially sought admission for his son in class 1 under the EWS category. He said he moved to Delhi in 2021, on getting a job and wanted his son to be admitted to a Kendriya Vidyalaya school in the national capital. Since significant time was lost during the litigation, the court ordered his admission to class 3.
"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.