An 11-year-old student has appealed to the Division Bench of the Delhi High Court, challenging the Delhi government’s policy of holding an entrance exam for Class 6 admissions in CM SHRI Schools. The student argues that this policy is illegal and violates the Right of Children to Free and Compulsory Education (RTE) Act, 2009, reported ANI.
Senior advocate Ashok Agarwal has filed a new appeal against a recent judgment by a Single Bench of the High Court, which upheld the validity of the Class 6 admission test at CM SHRI Schools.
The appellant, through a lawyer, asserts that the Single Judge made a legal mistake by failing to recognise that subjecting a child to an admission test at the elementary level is explicitly prohibited under Section 13
of the RTE Act.
This section was created to safeguard every child’s fundamental right to free, fair, and non-discriminatory access to education, as guaranteed under Article 21-A of the Constitution. The appeal claims that Section 13 clearly bans exploitative practices, including the collection of capitation fees and the use of screening procedures during admissions.
The appellant argues that these legal safeguards are meant to ensure transparency, equity, and inclusiveness in school admissions, which the contested entrance exam undermines, the report added. The appeal follows the dismissal of a writ petition filed by Master Janmesh Sagar, the 11-year-old student, challenging the Delhi government’s circular dated July 23, 2025.
The circular outlined admission guidelines for Classes 6 to 8 in CM SHRI Schools for the 2025-26 academic year. Justice Jyoti Singh of the Single Bench ruled that the admission test did not violate the RTE Act and dismissed the plea for lacking merit.
In its judgment, the Single Bench relied on a 2012 Division Bench ruling in Social Jurist v. GNCTD, which upheld selection-based admissions to Rajkiya Pratibha Vikas Vidyalayas (RPVVs) at the Class VI level. The court held that CM SHRI Schools are classified as “specified category schools” and that the prohibition on screening under Section 13 of the RTE Act applies only to entry-level admissions, such as Nursery or Class I, and not to Class 6, which was seen as a stage of transfer rather than initial entry.
The court further noted that the RTE Act does not grant students a statutory right to seek admission or transfer to specified category schools offering enhanced educational facilities, especially when demand far exceeds available seats. Challenging this reasoning before the Division Bench, the appellant argues that the interpretation by the Single Judge weakens the protective purpose of the RTE Act and legitimises screening procedures at the elementary level, contrary to the legislative mandate.
The appeal seeks to overturn the Single Bench judgment and declare the entrance test for Class 6 admissions in CM SHRI Schools unlawful. The matter is expected to be heard by the Division Bench of the Delhi High Court later this week.
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