Delhi HC upholds admission test for Class VI in CM SHRI Schools, says no violation of RTE

New Delhi [India], December 3 : The Delhi High Court has upheld the validity of the admission test conducted for entry into Class VI of CM SHRI Schools, holding that the process does not violate the Right of Children to Free and Compulsory Education Act, 2009.
The bench of Justice Jyoti Singh dismissed the writ petition filed by Master Janmesh Sagar, who had argued that subjecting students to an admission test amounted to an unlawful screening procedure prohibited under Section 13 of the RTE Act and infringed upon the fundamental right to education under Article 21-A of the Constitution.
The petitioner, represented by his father, had challenged the Delhi Government's circular dated July 23, 2025, which laid down guidelines for admissions to Classes VI to VIII in CM SHRI Schools for the 2025-2026 academic session.
He claimed that he was compelled to undergo an admission test on September 13, 2025, and was subsequently declared 'failed' when the result was announced on September 29, 2025. Before approaching the High Court, the petitioner had filed a writ petition under Article 32 of the Supreme Court.
The Supreme Court disposed of the petition on November 17, 2025, granting liberty to approach the High Court, which he did pursuant to that order.
Appearing for the Delhi Government, counsel Sameer Vashisht submitted that the controversy had already been settled by the 2012 Division Bench ruling in Social Jurist v. GNCTD, which upheld selection-based admissions into Rajkiya Pratibha Vikas Vidyalayas at Class VI.
He argued that CM SHRI Schools, like RPVVs, fall under the category of "specified category schools" and therefore the prohibition on screening under Section 13 of the RTE Act does not apply to Class VI admissions. The Central Government's counsel also supported this position.
After examining the material and the earlier judgment, the Court held that the bar on screening procedures under Section 13 applies only to admissions at the entry level, namely Nursery or Class I.
At the Class VI stage, the Court explained, the process is treated as a "transfer" rather than a fresh admission at the entry level. Since children seeking admission are already enrolled in schools that offer full elementary education, the RTE Act does not confer any statutory right to demand admission or transfer to specified category schools such as CM SHRI Schools.
The Court noted that providing enhanced educational opportunities to students who demonstrate potential cannot be considered discriminatory, especially when the number of superior institutions is limited, and demand far exceeds the available seats.
The Court also clarified that the liberty granted by the Supreme Court to file the petition before the High Court did not imply that the petition must be allowed. The direction only required the High Court to consider the matter in accordance with the law, which it did. Concluding that the issues raised by the petitioner were squarely covered by the binding precedent of the Division Bench, the Court dismissed the writ petition as being without merit.