NEW DELHI, NOV 17: The Delhi High Court today struck down discretionary quota of ministers and MPs for admission of students in Kendriya Vidyalayas (KVs) terming it violative of constitution and being “misused” for furthering political interests.
A division bench of Justice R C Lahoti and Justice C K Mahajan in a judgement here said the scheme revived by the government this year after being withdrawan last year, was `ultra vires’ and violative of Article 14 of the Constitution as it resulted in creating two artificial classes of students.
The court, however, said the order would not apply to the students admitted till August 28, this year as it would adversely affect their career.
“Those students, who have now been admitted under the scheme or those who have been cleared for admission must have rested their hopes on it. Striking down their admission will adversely tell upon their career and the loss to them may be irreversible,” the judgement said.
Without mentioning any political party by name,the court said the scheme was “misused” for benefitting workers of a particular political party.
“Administrative and political forces have deliberately misused the scheme,” the court ruled adding, “the scheme has build up hopes of the workers and associates of a particular political party and they have started thinking that their children can have back-door entry to KVs,” the court observed.
The scheme was withdrawn by the government last year after the high court order in 1994 ruled it as “discriminatory”.
But the government revived the scheme in July christening it as “Special Dispension Scheme” under which Central ministers could recommend admissions in any part of the country and an MP could recommend admissions of two students each year.
“In our opinion the special dispension scheme has been worded so elastically so as to provide entry to KVs to those for whom it was not meant,” the court said.
The judgement which came on a public interest litigation by the Kendriya VidyalayaEmployees’ Association said “a few bureaucrats and politicians have made recommendations solely because someone was attached to or working with them”.
No procedure was followed in making the recommendations and in many cases the admissions were made on simple slips of paper forwared to KVs, the court said adding that 15 categories drawn by the government were “too wide and arbitrary”.
The court said KVs were established in 1963 for special prupose which was well defined. These schools were meant for a definite class of employees engaged in serving the society while being mobile on account of the nature of their job.
“The special dispensation scheme is destructive of the aims and objectives of KVs and deterimental to the high standard of education set by them,” the court said.