Centre apt for setting income threshold to determine EWS category eligibility: Delhi HC on KV admissions matter

New Delhi, Jan 3 – The Delhi High Court has said that a candidate applying for admission in a Kendriya Vidyalaya Sangathan (KVS)/ KV School under the Economically Weaker Section (EWS) category nationwide need not submit an income certificate issued by the state government where the school is located.

Instead, the certificate should be furnished by an officer of the specified rank in the state where verification is possible. Justice Anup Jairam Bhambhani clarified that since KVS is an institution controlled by the Central government, the “appropriate government” for setting the annual income threshold to determine EWS category eligibility is the Central government.

This clarification came while directing KVS (Delhi Region) to grant regular admission to a boy in KVS, Narela, in Class 1 for the Academic Session 2023-2024.

The boy’s admission was initially denied because he provided an EWS certificate issued by the Tehsildar in Uttar Pradesh, not Delhi.

The court found this ground for rejection untenable, saying that the Union Ministry of Social Justice and Empowerment’s Office Memorandum allows certification by an officer not below the rank of Tehsildar in the state or union territories (UTs) where the person has permanent residence.

The court concluded that requiring an officer in Delhi to verify income and assets for a person whose native place is not Delhi is impractical.

It granted relief to the minor, observing that “an officer not below the rank of Tehsildar in the state/UTs” as per the Office Memorandum, refers to an officer in the state where the person has permanent residence.

spr/pgh

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