New Delhi

The Delhi High Court has upheld the admission test for Class VI entry into CM SHRI Schools, ruling that the selection process is legally valid and does not breach the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

Justice Jyoti Singh dismissed a writ petition filed by Master Janmesh Sagar, who contended that requiring students to clear an admission test amounted to a prohibited screening procedure under Section 13 of the RTE Act and violated the fundamental right to education guaranteed under Article 21-A of the Constitution.

The challenge centred around a Delhi Government circular dated July 23, 2025, which set out the admission policy for Classes VI to VIII in CM SHRI Schools for the 2025–2026 academic year.

According to the petition, the student was made to appear for an admission test on September 13, 2025 and was later marked as “failed” in the results announced on September 29, 2025. Before approaching the High Court, the petitioner had filed a writ petition under Article 32 before the Supreme Court. On November 17, 2025, the Supreme Court disposed of that petition and granted liberty to seek relief before the High Court, following which the student moved the present petition.

Representing the Delhi Government, advocate Sameer Vashisht argued that the matter was already conclusively settled by a 2012 Division Bench verdict in Social Jurist v. GNCTD, which upheld entrance-based admissions to Rajkiya Pratibha Vikas Vidyalayas (RPVVs) at Class VI. It was submitted that CM SHRI Schools, like RPVVs, fall within the category of “specified category schools”, to which the prohibition on screening under Section 13 of the RTE Act does not apply for Class VI admissions. Counsel for the Centre supported this interpretation.

After reviewing documents and the previous ruling, the High Court observed that the restrictions under Section 13 apply only at the entry level—that is, Nursery or Class I. For admissions to Class VI, the Court clarified, the process is considered a transfer rather than a fresh entry. Since students seeking admission are already enrolled in schools that provide full elementary education, the RTE Act does not grant them a statutory right to demand admission or transfer to specialised institutions such as CM SHRI Schools.

The Court further noted that identifying and offering enhanced learning opportunities to meritorious students cannot be treated as discriminatory, particularly when the number of high-performing public institutions is limited and demand exceeds availability.

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Justice Singh also clarified that the Supreme Court’s earlier order allowing the petitioner to approach the High Court did not imply that the plea had merit — only that it should be adjudicated in accordance with law. As the issues raised were already covered by binding precedent, the High Court dismissed the petition.