A single-judge bench of Justice Jayant Nath, while seeking the response of Directorate of Education and Government Boys Senior Secondary School (Pandara Road), slated the matter for further hearing on December 18.
The plea, filed by student Ravish Kumar Singh through Adv Ashok Agarwal, sought the quashing of the circular dated October 16, 2020, which lays down the maximum age limit for admission, terming it as arbitrary, discriminatory, illegal and violative of Articles 14, 21 and 21A of the Constitution and for being in conflict with the provisions of Delhi School Education Act, 1973.
Ravish was 17 years 1 month 15 days old as on March 31, 2020, and could not study for 1 year in 2019-20 as he was looking after his ailing mother at their home town in Bihar. His uncle brought him to Delhi to ensure his studies but the school denied admission.
Advocate Ashok Agarwal, appearing for the petitioner, argued that the admission guidelines are arbitrary, discriminatory, unconstitutional, irrational as much as no discretion is left for condoning the gap year even in genuine and bonafide cases.
“Legally there cannot be a maximum age limit for education and therefore, prescribing maximum age of 17 years for admission in class XI is arbitrary, discriminatory and hit by Articles 14 & 21 of the Constitution of India,” Agarwal submitted.
The plea also sought directions to the respondents to grant admission to the petitioner in Class XI in the academic year 2020-21 in said school or in any of the respondent Government schools near his residence.
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