Dr Joshi's special admission scheme
for central schools quashed
The central government suffered a major setback yesterday when the Delhi high court struck down its special dispensation scheme for admissions to the kendriya vidyalayas (central schools).
Union Human Resource Development Minister Murli Manohar Joshi had introduced the scheme in July.
But a division bench comprising Justices R C Lahoti and C K Mahajan, in its 27-page judgment, allowed the Kendriya Vidyalaya Sangathan (Central School Organisation) to go ahead with the admissions of 1,890 students cleared under the scheme till August 28 when the court had stayed further admissions.
This means the students who were admitted or cleared for admission till August 28 by the committee set up to scrutinise and monitor recommendations under the scheme will be allowed to continue in the KVS. Any admission taken or cleared after the cut-off date will have to be withdrawn.
The judges struck down the scheme as violative of the right to equality under Article 14 of the Constitution.
Under the scheme, the HRD minister could make 1,000 recommendations every year for admission to the kendriya vidyalayas, the minister of state in the HRD ministry could name 100 students, and each member of Parliament could refer two names.
While introducing the scheme, the HRD ministry, in its order of July 3, 1998, laid down 14 criteria, one of which had to be fulfilled if a student was to be considered for admission under the scheme.
As of August 28, Joshi and his deputy, Uma Bharati, had made 1,700 references, 600 more than the prescribed limit, of which the KVS had cleared 730. Other MPs had recommended 1,484 names, of which 1,160 were admitted or cleared for admission.
The HRD ministry's order was challenged by the joint action committee of the Kendriya Vidyalaya Employees' Association and the Centre for Public Interest Litigation.
Actually, Dr Joshi had reintroduced a scheme that had been put in cold storage last year after the special dispensation admissions were criticised in various quarters.
Commenting on this, the judges said, "The possibility of the scheme having been withdrawn [last year] with a view to escaping judicial scrutiny cannot be ruled out."
Justifying the decision to allow the students already admitted or cleared to stay, the judges said, "Those who have already been admitted under the scheme or have been cleared for admission by the committee must have rested their hopes or may have already commenced taking instructions in KVS. Striking down their admissions would adversely tell upon their career and the loss may be irreparable."
The order said the KVS was founded for a specific purpose and to serve a well-defined class of society -- the paramount feature of which is all-India mobility on account of nature of service. With time, the high standards of the KVS have earned recognition. But the available strength of the kendriya vidyalayas is insufficient to cater to the needs of society. In such circumstances, "the dispensation scheme is destructive of [the KVS's] aims and objects," the judges said.
Moreover, they said, there was no need for the scheme as many situations forming the basis for special dispensation admission are already covered by the KVS's rules of routine admissions.
"In our opinion, the special dispensation scheme has been so worded and elastically framed as to provide entry to those for whom it is not meant. The scheme, therefore, falls foul of Article 14 of the Constitution, being arbitrary and irrational, also frustrating the object sought to be achieved by KVS, and is, therefore, liable to be struck down," the bench observed.
It also censured the government for creating certain special categories for preferential admissions. "We are not recording any finding that any particular party or person wielding power -- administrative or political -- has deliberately misused the scheme. However, what is writ large on the record cannot be omitted from being mentioned," the bench said.
"The scheme has built up high hopes amongst the workers or associates of a particular political party and they have started thinking that their children or wards can have back-door entry into KVS by approaching those who have been conferred the privilege of recommending admissions," the judges observed.
They said provision could have been made for preference for a limited percentage of admissions in certain special categories on a well-defined basis and the same could then have been left to the system. "We fail to appreciate why certain categories are considered to be in need of care to be taken by the intervention of thethose who are extraneous to the system when the system itself is capable enough to take such care."
"We are also at a loss to understand why the need arose for tampering with the cut-off date of July 31. It needs hardly any reasoning to demonstrate that once the course of study has commenced, anyone joining the course midstream for the first time would either not be in a position to adjust with the flow or would obstruct the smooth sailing of others," they observed.
The special dispensation scheme started in 1975 with 100 admissions. The figure rose to 15,000 in 1995. But at a meeting of the board of directors/governors in 1987, an opinion was formed that special dispensation leads to dilution of KVS's educational standards by inflating the class strength.
In 1994, the KV Employees' Association filed a petition challenging the validity and rationale of the special dispensation admissions. At that time too, the court had stayed the admissions.
Subsequently, the Cabinet decided to abolish all discretionary powers and quotas of ministers/ministries. As a result, the special dispensation scheme was abolished.
After the court was informed of the decision through an affidavit, it disposed of the petition with liberty to the petitioner to approach it again when necessary.
UNI
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