RAJESH Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) The writ petition has been filed seeking to declare the discontinuation of the benefit of admission previously granted to a single girl child and twin girl children over and above the approved class strength in Kendriya Vidyalayas, as arbitrary and violative of Article 14 of the Constitution of India. A further direction is also sought to grant admission to the second petitioner to the first standard in the Kendriya Vidyalaya School.

(2.) The first petitioner is an employee of Indian Railways and the second petitioner is one of his twin daughters. The petitioners allege that the twin children are very emotionally attached to each other and have a strong bonding between them. The first petitioner sought admission for his children at Kendriya Vidyalaya and since they were twins, he believed that both would get admission in the same school. Accordingly, the first petitioner submitted applications, but only one of the twins was granted admission. Contending that the policy of the Kendriya Vidyalaya was always to treat twin children as a single admission, the first petitioner contends that, it is a matter of gender justice and equality that the twin children are not separated. It is also asserted that withdrawal of the benefit of reservation afforded to twin children is violative of Article 14 of the Constitution of India and hence the denial of admission to the second petitioner is arbitrary, requiring interference by this Court.

(3.) In the statement filed on behalf of the respondents it is pleaded that special category admission for a single girl child was introduced in the Kendriya Vidyalaya Schools in the academic session 2006-07 and at that time, a single girl child was explained as including twin girls as well and that in respect of such twins, it would be treated as a single admission. According to the respondents, the admission to the school is carried out on the basis of centrally notified Admission Guidelines, framed in the interest of transparency, uniformity, equity and administrative feasibility and that personal hardships, unless they are specifically recognised under the Guidelines, cannot confer any enforceable legal right. It is also stated that the special provision for single girl child quota underwent a change with effect from 2022-23 and thereafter, such a special provision does not exist. According to the respondents, pursuant to the applications for admission to Class I, submitted by the first petitioner in PM Shri Kendriya Vidyalaya, Kollam in respect of his twin children, the same were processed based on the KVS Admission Guidelines for the year 2026-27. Kumari Apoorva Rajesh secured waiting list No.6 under Category I and therefore was granted admission on the basis of merit and priority, while the second twin child i.e., the second petitioner was assigned waiting list No.16 under the same category. Since admissions to Category I were completed upto waiting list No.12, the second child could not be accommodated due to non availability of seats within the sanctioned intake strength. It is stated that, in the absence of any enabling provision under the admission guidelines, relaxation could not be granted. Respondents denied the applicability of the doctrine of legitimate expectation as the concession that existed earlier did not survive beyond 2022-23. According to the respondents, any deviation from the said admission procedure would compromise the principles of equality, transparency and fairness vis-a-vis similarly placed applicants who were awaiting admissions.