An 11-year-old student files a PIL in the Supreme Court challenging the Delhi Govt’s CM SHRI school admission tests, citing violation of the RTE Act 2009 and Article 21-A.
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NEW DELHI: An 11-year-old student has moved the Supreme Court of India, challenging the legality of admission tests being conducted for entry into Chief Minister Schools of High Quality Education (CM SHRI Schools) under the Delhi government. The plea, filed by Janmesh Sagar, seeks a declaration that such tests are unconstitutional and violative of Article 21-A of the Constitution of India, read with Section 13 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
The Impugned Circular
The Delhi government, through a circular issued in July 2025, introduced guidelines for conducting admission tests for Classes VI, VII, and VIII in CM SHRI Schools for the academic year 2025–26. Out of 75 CM SHRI schools established, applications were invited for 33 schools this year. These institutions have been declared as “Specified Category Schools” under the Delhi School Education Act.
Under the circular, children like the petitioner, who had applied on August 2, 2025, were required to sit for an admission test. The petitioner appeared for such a test on September 13, 2025, but has now challenged the entire policy before the apex court.
The Petitioner’s Arguments
The petition squarely challenges the legality of admission tests for children below the age of 14 years on the following grounds:
Violation of Section 13 of the RTE Act, 2009
- Section 13 expressly prohibits any form of “screening procedure” for admissions.
- Under Section 2(o) of the Act, “screening procedure” includes admission tests.
- By subjecting children to competitive tests, the Delhi government allegedly stands in breach of the law.
Violation of Fundamental Right under Article 21-A
- Article 21-A guarantees free and compulsory education for all children between 6 to 14 years in a manner consistent with dignity and equality. The plea contends that admission tests segregate children into “talented” and “untalented,” leading to stigma at a tender age.
“While painting the highest scoring few as ‘talented and deserving meritorious students with high potential’, it also at the same time taints and forever condemns the rest to being labelled as ‘Untalented’, ‘Undeserving’, ‘Unmeritorious students with LOW potential’—hardly the guarantee of a future life with dignity as is their right under Article 21 of the Constitution,”
the petition states.
Contradiction with the Government’s Own Guidelines
- Reliance has been placed on guidelines issued under Section 35(1) of the RTE Act.
- These guidelines mandate that admission procedures should be non-discriminatory, rational, and transparent, specifically prohibiting admission tests and interviews.
Conflict with Constitutional Directives
- The plea argues that the policy undermines constitutional values of equality of status and opportunity under the Preamble.
- Articles 38 and 39 direct the State to ensure resources are used for the common good rather than to create elite pockets of privileged education.
Why Directly in the Supreme Court?
The petitioner bypassed the Delhi High Court and approached the Supreme Court directly under Article 32. The reason cited is a previous decision by a Division Bench of the Delhi High Court in WP(C) 7796/2011, Social Jurist v. GNCTD, which held that the RTE Act does not apply to specified category schools. The petitioner argues this view is erroneous and inconsistent with both the Constitution and the RTE Act, warranting the Supreme Court’s intervention.
Case Title:
Master Janmesh Sagar through his next friend and natural father Arvind Sagar vs. Government of NCT of Delhi and Anr.