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2025 DAILYLAW 4064 (DEL)

DEVANSH YADAV v. KENDRIYA VIDYALAYA SANGATHAN KVS & ORS.

W.P.(C)/11053/2025 · 2026-02-25

Jasmeet Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11053/2025 DEVANSH YADAV .....Petitioner Through: Ms. Harsimran Kaur Rai, Mr. Harpuneet Singh Rai, Mr. Prem Kumar Gautam, Advs. versus KENDRIYA VIDYALAYA SANGATHAN KVS & ORS. .....Respondents Through: Mr UN Singh Advocate CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 25.02.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “a) Issue an appropriate writ directing the Respondents to grant admission on vacant seat to the Petitioner namely Devansh Yadav in Class 1 at PM Shri KV, Shahdara under the RTE quota for the academic session 2025-26. b) Issue direction to the Respondent school to accommodate the petitioner’ son on vacant seats on compassionate ground…” 2. The case of the petitioner is that the petitioner is a minor named Devansh Yadav, who applied through his father for admission in Class 1 under the Right to Education (“RTE”) quota. The petitioner applied for three schools namely, PM Shri KV Noida (Shift-II), PM Shri KV This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/03/2026 at 11:54:27 Noida (Shift-I) And PM Shri Kendriya Vidyalaya, Shahdara. 3. Subsequently, the petitioner’s father received telephonic call from PM Shri Kendriya Vidyalaya, Shahdara about petitioner’s selection. 4. The petitioner along with his father subsequently attended the interaction but ultimately found that the petitioner was not granted admission, first on the ground that the OBC certificate was not in the prescribed format and then later on the ground that the petitioner does not reside within the prescribed 5 km radius range. 5. Hence, the present writ petition has been filed. 6. Ms. Rai, learned counsel for the petitioner, states that the only reason for the petitioner having been denied admission was that the petitioner did not fall within 5 kms radius of the respondent No. 1 school. She states that as per the pop-up notification of the respondent No. 1 school, the office address of respondent No. 1 is shown as Kendriya Vidyalaya, Shahdara operating in the building of Kendriya Vidyalaya Khichripur, Block No. 6, Khichripur, Delhi – 110091 and the residential address of the petitioner falls within 5 kms of the building of Kendriya Vidyalaya Khichripur, Block No. 6, Khichripur, Delhi – 110091 and hence, the rejection of the admission of the petitioner is incorrect and the petitioner should be granted the seat. 7. Mr. Singh, learned counsel for the respondent Nos. 1 and 2, draws my attention to the Response Affidavit filed on behalf of the respondent Nos. 1 and 2 and more particularly paragraph Nos. 2 and 5 of “PARAWISE REPLY”, which read as under ;- “2. THAT the contents of Para no. 2 to of the Additional Affidavit filed by petitioner as stated are wrong and denied This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/03/2026 at 11:54:27 except the averments which are matter of record. In response, it is submitted that Petitioner submitted admission Form through online mode with two different Residential address in said online Form. The first one is of Gazipur (his original place) and second one is of Ashok Nagar, Delhi. PM Shri KV Shandara is 12 KM away from his residential address (Ashok Nagar Delhi) which he had given in online form, whereas as per Aerial distance it is 9.5 km from Vidyalaya. In both the cases, residence does not reside within 05 km to KV Shandara which is essential for admission to be covered under 25% reservation for RTE as per Para 4(VII) (C) of Part C of KVS Admission Guidelines 2025-26. xxxxxxxx 5. THAT the contents of Para no. 5 to of the Additional Affidavit filed by petitioner as stated are wrong and denied except the averments which are matter of record. In response, it is submitted that the parents were fully/clearly aware of the school's location as they visited the school many times. The school's premises are at Kendriya Vidyalaya Shandara, G.T. Road, Naveen Shandara, Delhi-110032. The parent repeatedly visited the Vidyalaya premises, with visits recorded on 28.03.2025 (Serial No. 89), 02.04.2025 (Serial No. 40, "visited to attend orientation programme") and on 19.04.2025 (Serial No. 30, for "Admission"). Thus, the claim that the parent was unaware of the school's location is factually incorrect and misleading to this Hon'ble This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/03/2026 at 11:54:27 High Court. Further, there is no such provisions of pop up notification of online portal of KVS while filling up admission form by the applicant so the claim made by the applicant is false. Furthermore, the screenshot submitted by the applicant is of the directory of KVs on KVS website, which is nowhere referred as per KVS admission guidelines. The applicant must have visit the Vidyalaya administration to clarify his doubts if any, before submissiom of the admission form. Submission of such false claim reflects the malintention of the petitioner to get backdoor entry anyhow.” 8. I have heard learned counsels for the parties. 9. The right of the school to manage and administer their affairs has been settled through numerous judgments. The schools are to lay down their own eligibility criteria and can follow the same as long as the same is fair and transparent. 10. Under paragraph 4(VII)(C) of Part-C of KVS Admission Guidelines 2025-26, the children whose residences do not fall within 5 kms of Kendriya Vidyalaya, Shahdara, would not be covered under 25% reservation for RTE. 11. Admittedly, the students in Class 1 are studying at Kendriya Vidyalaya, Shahdara and not at Khichripur. The pop-up notification has no relevance since the petitioner does not fall within 5 kms of radius Kendriya Vidyalaya, Shahdara and hence, the petitioner is not entitled to 25% reservation for RTE in terms of KVS Admission Guidelines 2025-26. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/03/2026 at 11:54:27 12. In view of the aforesaid, the present petition is dismissed. JASMEET SINGH, J FEBRUARY 25, 2026/sp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/03/2026 at 11:54:27