Wednesday, April 25, 2012

Reservation within Reservation

Court's query  25% DG and EVS quota 
Union HRD Ministery seeks more time to answer 
New Delhi, 24 April 2012:Union Human Resource Development Ministry today sought more time to file its response to the query raised by the High Court as to whether Kendriya Vidyalayas can continue to give reservation to the extent of 22.5% for SC/ST category students thereby leaving only 2.5% seats for other disadvantaged groups as well as economically weaker sections in the matter of admissions under 25% seats reserved for the children belonging to disadvantaged group (which includes SC/ST category children ) as well as children belonging to economically weaker sections under RTE Act, 2009. The Counsels appearing for Government of India, Ministry of HRD told the Court that the reply received by them from the Ministry did not answer the query raised by the Court and therefore, they need two weeks more time to file appropriate reply.

On the last date of hearing 27.02.2012, a Division Bench of the High Court headed by the Acting Chief Justice A.K.Sikri directed the HRD Ministry to look into and examine the matter and submit their views on this aspect. The Court has passed these directions while hearing a PIL filed by the Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal challenging the Validity and legality of the Guidelines of Kendriya Vidyalayas for admission to Kendriya Vidyalayas in Class-I in the academic year 2011-12 whereby the Kendriya Vidyalaya Sangthan has introduced reservation within reservation in 25% reserved seats for the children belonging to disadvantaged group and economically weaker section under Section 12(1)( c ) of the Rights of Children to Free and Compulsory Education Act, 2009. “Such a reservation within reservation is impermissible in law,” argued Ashok Agarwal.

The Court while granting HRD Ministry two weeks more time to file their reply adjourned the hearing to 04 July 2012. 


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