JATIN SINGH Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) The following short but an important question arises for our consideration and a decision:

(2.) Both the writ petitions get disposed by this common order. For appreciation of issues raised, we refer to the facts culled out from the petition in WP(C) No.4194/2011. The petitioner's father applied on 08.3.2011 for admission of the petitioner in Class-I in Kendriya Vidyalaya School (hereinafter referred to as =School') as against 25% of the seats earmarked for the children belonging to economically weaker section and disadvantaged group for free and compulsory elementary education in terms of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as =the Act') for the Academic Year 2011-12. He was denied admission by the school on the ground that out of 25% of the seats allotted, 15% of the seats were earmarked for SC, 7.5% seats for ST and the remaining 2.5% seats for other weaker section as against the total 10 seats representing 25%. In the result, 6 seats were earmarked for SC candidates, 3 seats for ST candidates and the remaining 1 seat was earmarked for the children belonging to economically weaker section/below poverty line/Other Backward Classes (Non-Creamy Layer)/Disabled children, which will also be subjected to random method (lottery system) to select one candidate. As the petitioner did not come within the zone of consideration against the one seat, he was not selected. This necessitated the petitioner to question the classification of 25% seats as unconstitutional, arbitrary, discriminatory, illegal and contrary to the provisions of "the Act".

(3.) W.P. (C) No.801 of 2012 is filed by Social Jurist, A Civil Rights Group and the petitioner in this petition is also seeking for a similar relief for quashing the very same clause.