Schools Can Exclude Siblings of Alumni from Admission Points, Rules Court
In a significant ruling, the Delhi High Court has reinforced the autonomy of private unaided schools in setting their admission criteria. The court dismissed a writ petition filed by the father of Gauri Kansal, a minor, challenging the admission criteria of a private unaided school in New Delhi. The petitioner contended that the school's refusal to award sibling points to his daughter, who is a half-sibling of a former student, was arbitrary and violative of constitutional provisions.
The court, presided over by Justice Jasmeet Singh, held that private unaided schools have the autonomy to formulate their own admission criteria, provided these are fair, transparent, and non-arbitrary. The judgment emphasized that the classification between siblings of existing students and siblings of alumni is reasonable and serves the purpose of administrative convenience.
The petitioner's daughter was denied 20 sibling points because her half-brother, a former student of the school, was not currently enrolled. The court noted that the school's criteria required the sibling to be a real sibling of an existing student to qualify for these points.
The ruling drew upon precedent cases, including T.M.A. Pai Foundation v. State of Karnataka, which affirmed the right of private unaided schools to manage their own affairs, including student admissions. The court also referenced previous judgments that supported the autonomy of schools in setting admission policies, as long as they apply uniformly to all applicants.
Justice Singh concluded that the school's admission criteria were not arbitrary, as they were consistently applied and had a rational basis linked to logistical and administrative convenience. The court further clarified that expanding the criteria to include siblings of alumni would undermine the school's autonomy and was not within the court's purview.
The judgment underscores the balance between a school's right to self-govern and the need for fair and reasonable admission processes, reflecting the complexities of educational administration in private institutions.
Bottom Line:
Private unaided schools have the autonomy to formulate reasonable admission criteria, including the grant of sibling points, provided it is fair, transparent, and non-arbitrary. Denial of sibling points to half-siblings or siblings of alumni is within the prerogative of such schools and does not violate Article 14 of the Constitution.
Statutory provision(s): Article 14, Article 15, Article 19(1)(g), Article 226 of the Constitution of India
Gauri Kansal (Minor) v. Govt. of NCT Delhi, (Delhi) : Law Finder Doc id # 2855933
