Children Are Not Toys At Administrators’ Mercy, Revising Kendriya Vidyalaya Guidelines After Commencement Of Admission Process Arbitrary: Kerala HC

Children Are Not Toys At Administrators’ Mercy, Revising Kendriya Vidyalaya Guidelines After Commencement Of Admission Process Arbitrary

Case: Dhruv Sai Kiran v. Union of India

Coram: Justice Raja Vijayaraghavan V.

Case No.: WP(C) NO. 15261 OF 2022

Court Observation: “While revising the admission guidelines, the respondents ought to have been fair and they should have ensured that students like the petitioners, who were legitimately expecting that they would secure admission, were not thrown out. Children are not chattels or toys to be thrown around at the mercy of the administrators. Every action taken by the authorities having an adverse effect on a section of children ought to have been taken cautiously and with all the sensitivity that it deserves.”

“The children would have legitimately expected the respondents to act fairly. The expectation of the children was legitimate and their interest has to be protected by all means. As held by the Apex Court in Major Sourabh Charan (supra), it was not permissible for the respondents to alter the basis of admission after the admission process had started to the disadvantage of the petitioners. I have no doubt in my mind that the decision taken by the respondents to change the admission guidelines after the process had started, is arbitrary, unreasonable, irrational and not taken in public interest.”

“Fairness is also a principle to ensure that statutory authority arrives at a just decision in promoting the interest or affecting the rights of persons. To use the hallowed phrase “that justice should not only be done but be seen to be done” is the essence of fairness equally applicable to administrative authorities.”

“Education is perhaps the most important function of the State and it is with proper education that the child is awakened to cultural values. All that the respondents had to do was to ensure that the interests of the petitioners are also protected while bringing about sweeping changes. Under no circumstances could the State have ignored Article 21A of the Constitution or the provisions of the Right of Children to Free and Compulsory Education Act, 2009.”

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