Social Jurist vs. Kendriya Vidyalaya Sangathan and other

Issue
Children with disabilities denied admission in schools for want of birth certificates

C.W. 1984 /2003 (Delhi HC),

The Facts

Seven blind children including a destitute blind girl were denied admission in Kendriya Vidayalaya, JNU Campus, New Delhi, since they were unable to produce a Birth Certificate to prove her date of birth in the academic session 2003-2004.

The blind girl, Shabnam, had been under the care of an NGO called Social Outreach Foundation and subsequently by the National Association for Blind (NAB), where she lived and studied. The six blind boys, also lived and studied in NAB. All the children were from the under- privileged sections of society and their parents being illiterate were not careful about registering the birth of their children and obtaining date of birth certificate.

When the NAB approached the Kendriya Vidyalaya, JNU Campus, New Delhi for admission of the 7 children, the school returned the applications saying that they could not be processed in the absence of date of birth certificates. Despite the best efforts of NAB - persuasion, writing letters, representations and so on, the school was adamant.

Top

The arguments adopted

The Social Jurist submitted that in terms of Rules 135 and 141 of Delhi School Education Rules, 1973, (reproduced at the end of this case record) in instances of the certificate of birth not being available, an affidavit produced by the parent or guardian is sufficient.

The Social Jurist also informed the court that a parallel case had been filed submitted (C.W. No. 3956/2000 on 20.07.2000) in the Delhi High Court against Government of India, Delhi Government, MCD and NDMC highlighting the plight of thousands of street children of age group of 6-14 years who were seeking admission for the first time in classes I to VII in the government managed schools. In this case the challenged the Constitutional validity of the provisions of Rules 135 and 141 of Delhi School Education Rules, 1973 on the ground that these provisions of law are arbitrary as they did not take care of fundamental right to elementary education of the street children - by ignoring the fact that they could not submit affidavits. At that time the Director of Education, Government of Delhi had issued an order dated 24.08.2000 proposing an insertion to Rule 141 A in Delhi School Education Rules, 1973.
Read Article...

Top

The Outcome

The PIL was disposed of on 25/03/2003 when the counsel for KVS stated that the applications of the students have been accepted and was under consideration. He further submitted that applications would not be rejected on the ground of want of birth certificate. He also accepted that in future the affidavit will be accepted or if necessary, the student may be sent to the medical expert for determination of age.

Cases referred

  • Articles 21 and 21A of the Constitution of India; read with the provisions of
  • Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995,
  • Delhi Primary Education Act, 1960
  • UN Convention on the Rights of the Child (1989).
  • Rules 135 and 141 of the Delhi School Education Rules, 1973 made under the provisions of Delhi School Education Act, 1973,
Date of filing: 17.03.2003

Decided on: 25.03.2003

Social Jurist Vs Union Of India and Ors
Order: 29.08.2000

CM 7178/2000 & CW- 3956/2000

Rule 141 (A) Procedure of Admission of destitute and abandoned children

An affidavit filed by SC Poddar, Director of Education, Govt. of NCTD in which an amendment of the Delhi School Education Rules was proposed. This was to add rule 141 (A). As per this Rule, in cases where it is not possible to get an affidavit regarding age of a child, the head of the school would refer the child to the nearest civil hospital with facilities for determining age and in the child's admission form the mid-point of the suggested age on the basis of the test would be recorded.

Since this procedure would take awhile, it was proposed that the child would be granted provisional admission. These modifications would be in place till such time as the rules were amended.

Top

CM: 7177/2000

The National Open School was also directed to follow these Rules.

Rules 135 and 141 of the Delhi School Education Rules, 1973

Manner of Admission

  1. No student shall be admitted to an aided school unless an application in the prescribed form, signed by his parent or guardian, has been submitted to such school.
  2. The parent or guardian shall state the exact date of birth of his child or ward in the application for admission (and a certificate of birth issued by a local authority shall support the statement, or where it is not available, the statement shall be supported by an affidavit).
  3. Every application for admission to an aided school shall be kept in a separate file and form part of the permanent record of the school.

Parent or guardian to submit an affidavit

  1. Where a candidate who had not previously attended any recognised school, applies for admission to class II or to any higher class unto class VIII of recognised school, the parent or guardian of such candidate shall give full history of the previous education of such candidate and furnish an affidavit on a non-judicial stamp paper duly attested to the effect that such candidate for admission had not attended any recognized school till then and he shall also be required to state in affidavit the exact date of birth of such candidate.
  2. If a seat is available in the class to which an admission is sought, the head of the school, in consultation with the Zonal Education Officer, shall arrange for a test to determine the suitability of the student for admission to that class and admission shall be granted if the student passes in this test.

Top