Delhi High Court (A.K.Sikri ACJ & Rajeev Sahai Endlaw J) has today issued notices to Kendriya Vidyalaya Sangathan, Govt of India and Govt of NCT of Delhi on the PIL filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal challenging the constitutional validity of the KVS introducing quota within quota in 25% reserved seats under Right of Children to Free and Compulsory Education Act, 2009 for children belonging to disadvantaged group and Economically Weaker Section.
The petition states that out of 10 seats reserved in 25% quota under RTE Act, 2009, KVS Guidelines earmarked 9 seats for SC/ST leaving only one seat for all other categories like OBC, Disabled Children, EWS etc., which defeats the very object of the Act. Amongst the categories mentioned in the RTE Act for the purpose of reservation, no category is entitled to preference over the other as they all form one homogeneous class and is entitled to equal treatment.
“The categories mentioned in Section 2(d) and 2(e) of RTE Act, 2009 form one group/class for the purpose of 25% reservation of seats in KVS for children belonging to disadvantaged group and economically weaker section in terms of Section 12(1)(c) of RTE Act, 2009 and cannot be legally sub-divided or sub-categorized but the KVS has introduced quota within quota thereby 90% of seats in 25% seats have been provided to SC/ST students. Such a sub-classification or micro classification of the categories mentioned in Section 2(d) of RTE Act, 2009 which already takes care of the SC/ST children is impermissible under the Constitution and contrary to the law laid down by a Constitution Bench of Hon’ble Supreme Court of India in case of ‘E.V. Chinnaiah vs. State of Andhra Pradesh & Ors. 2005(1) SCC 394,”argued Mr. Agarwal.
The Court has fixed 22.02.2012 for final hearing of the case.