An 11-year-old student has approached the Delhi High Court’s Division Bench, challenging the Delhi government’s policy of conducting an entrance test for Class VI admissions to CM SHRI Schools. The student argues
that this process violates the Right of Children to Free and Compulsory Education (RTE) Act, 2009, reported ANI.
The appeal, filed by Master Janmesh Sagar through his father, contests a recent judgment by a Single Bench that upheld the validity of the admission test. Senior advocate Ashok Agarwal, along with a team of counsel, has initiated the challenge.
A Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, issued notice to the respondents, including the Government of NCT of Delhi and the Union of India. The matter is listed for hearing on February 10, 2026. Counsel for all respondents accepted the notice during the proceedings.
In the appeal, the minor student contends that the Single Judge erred in law by not recognising that subjecting a child to an admission or selection test at the elementary level is expressly prohibited under Section 13 of the RTE Act.
The contention is that this provision was enacted to safeguard every child’s fundamental right to free, fair, and non-discriminatory access to education under Article 21-A of the Constitution. The appellant further submits that Section 13 clearly bars screening procedures and other exploitative practices during admissions. These statutory safeguards aim to ensure transparency, equity, and inclusiveness, which, according to the plea, are undermined by entrance examinations at the elementary stage.
The appeal stems from the dismissal of a writ petition challenging the Delhi government’s circular dated July 23, 2025, which set admission guidelines for Classes VI to VIII in CM SHRI Schools for the 2025-26 academic session. Single Bench Judge Jyoti Singh upheld the policy, ruling that the admission test did not violate the RTE Act.
In dismissing the writ petition, 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 at the Class VI level. The court held that CM SHRI Schools fall within the category of “specified category schools,” and the prohibition on screening under Section 13 of the RTE Act applies only to entry-level admissions such as Nursery or Class I, not to Class VI, which was treated as a stage of transfer.
The Single Bench also observed that the RTE Act does not create a statutory right to seek admission or transfer to specified category schools offering enhanced facilities, particularly when the demand for seats far exceeds availability.
Challenging this reasoning before the Division Bench, the appellant argues that such an interpretation dilutes the protective intent of the RTE Act and effectively legitimises screening procedures at the elementary level, contrary to the express legislative mandate. The appeal seeks to set aside the Single Bench judgment and declare the Class VI entrance test for CM SHRI Schools as unlawful.
