‘Overage’ student will get to study after HC orders admission

The court has now decided to listen arguments on Constitutional validity of the ‘notification’ issued by the Delhi government in 2014 fixing upper age limits for admissions to various classes of Delhi government schools.

The 15-year-eight-months-old minor was a student of class VIII in a private school in Rohini in 2015-16 but he fell ill and suffered from Thyphoid and Empyma in his right lung. He belongs to the Economically Weaker Section (EWS) category but the parents were somehow managing his educational expenditure. As his parents became poorer, they decided to shift him to a nearby government school due to financial constraints.

“We approached several government schools in our vicinity but they rejected his admission on the ground that he was overage by eight months. We also approached senior officers but all of them repeated the same argument,” said Sanjeev Kumar Shah, father of the student. It was due to his illness, the child could attend classes only for 94 days in class VIII but as per ‘no detention policy’, he was liable for promotion to class IX.

“The petitioner shall approach the principal of GBSSS Mangolpuri on Wednesday with application and the principal shall admit him to class IX,” said Justice Sanjeev Sachdeva on Tuesday in his order. The order came after the Delhi government submitted its No Objection Certificate (NOC) on admission of the child. In the earlier hearing, the judge questioned the fixing of upper age limit for admission in Delhi government schools.

It is the third such case in which the High Court ordered the city government to admit students to their respective classes despite being ‘overage’. As per the circular issued by the Delhi government on April 4, 2014, a student seeking direct admission to class IX should be between 13 to 15 years. The circular has also fixed an upper age limit of students for direct admission to classes VI and XI but those already studying in the school are exempted from this rule.

“The circular discriminates between students already studying in the school and those seeking direct admission in any class. It violates the Article 14, 21 and 21A of the Constitution of India which guarantees education to students without any discrimination,” argues Ashok Agarwal, eminent social jurist and counsel in the case.