The Delhi High Court has directed the city government to allow admission of two boys to ninth standard in its schools.Justice Manmohan directed the Delhi government to allow admission of two brothers-- S.M. Ahsan Raza, 15, and Bashar Alam, 16 - to ninth standard in a government school. The court order came Wednesday
The two brothers had moved the Delhi High Court against denial of admission in the ninth class by government schools here despite the fact that both students possessed certificates of having passed class eight as well as valid transfer-certificates from the concerned schools.
Raza was denied admission for having failed to pass a test conducted by the Delhi government for admission while Alam was disqualified for being over-aged.Both brothers have passed class eight from a school in Bihar and attended ninth class for two weeks. In May 2014, their family shifted to Delhi.Advocate Ashok Agarwal, appearing for the petitioners, had said: "In other words, if admission to students in ninth standard is given subject to admission test, section 16 (No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.) of the Right To Education Act, 2009 would become redundant," Agarwal said.
He further said that such a condition of admission test is a super imposition over a clear and express provision of section 16 of the RTE Act, 2009, which in fact negates the very object and purpose of Section 16 of the Act.He further argued that the Directorate of Education was not justified in laying down the upper age limit for admission to ninth class as it is totally illogical to lay down any upper age limit for education.