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The petitioner challenged the Delhi govt’s circular dated July 23, which provided guidelines for admissions to classes 6 to 8 in CM SHRI Schools for the 2025-2026 academic year.
The petitioner claimed he was forced to take an admission test on Sept 13, and was declared ‘failed’ when the results were announced on Sept 29. (Representational Image)
The Delhi High Court has confirmed the legitimacy of the admission test for Class 6 entry into CM SHRI Schools, ruling that it does not breach the Right of Children to Free and Compulsory Education Act, 2009. Justice Jyoti Singh dismissed the petition filed by Master Janmesh Sagar, who contended that the admission test was an unlawful screening process prohibited under Section 13 of the RTE Act and violated the fundamental right to education under Article 21-A of the Constitution.
The petitioner, represented by his father, challenged the Delhi Government’s circular dated July 23, 2025, which provided guidelines for admissions to Classes VI to VIII in CM SHRI Schools for the 2025-2026 academic year. He claimed he was forced to take an admission test on September 13, 2025, and was subsequently declared ‘failed’ when the results were announced on September 29, 2025. Prior to approaching the High Court, the petitioner had filed a writ petition under Article 32 in the Supreme Court, which was dismissed on November 17, 2025, with the liberty to approach the High Court.
Delhi Government counsel Sameer Vashisht argued that the issue had been resolved by the 2012 Division Bench ruling in Social Jurist v. GNCTD, which upheld selection-based admissions to Rajkiya Pratibha Vikas Vidyalayas at Class VI. He asserted that CM SHRI Schools, like RPVVs, are classified as “specified category schools,” and thus the prohibition on screening under Section 13 of the RTE Act does not apply to Class VI admissions. The Central Government’s counsel supported this view.
The Court, after examining the evidence and the earlier judgment, concluded that the ban on screening procedures under Section 13 applies only to admissions at the entry level, such as Nursery or Class I. At the Class VI level, the process is considered a “transfer” rather than a fresh admission at the entry level. Since the children seeking admission are already enrolled in schools providing full elementary education, the RTE Act does not grant any statutory right to demand admission or transfer to specified category schools like CM SHRI Schools.
The Court noted that offering enhanced educational opportunities to students who show potential is not discriminatory, especially given the limited number of superior institutions and the high demand for seats. It also clarified that the Supreme Court’s liberty to file the petition before the High Court did not imply that the petition must be allowed but only required the High Court to consider the matter according to the law, which it did.
Concluding that the issues raised by the petitioner were covered by the binding precedent of the Division Bench, the Court dismissed the writ petition as lacking merit.
December 03, 2025, 6:09 PM IST
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