New Delhi [India], December 22 : An 11-year-old student has approached the Division Bench of the Delhi High Court challenging the Delhi government's policy of conducting an entrance test for admission to Class VI in CM SHRI Schools, contending that the process violates the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
The appeal, filed by Master Janmesh Sagar through his father and next friend, is directed against a recent judgment of a Single Bench that upheld the validity of the admission test. The challenge has been instituted through senior advocate Ashok Agarwal, along with a team of counsel.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela issued notice to the respondents, including the Government of NCT of Delhi and the Union of India, and listed the matter for hearing on February 10, 2026. Counsel appearing for all respondents accepted notice during the proceedings.
In the appeal, the minor student has stated that the Single Judge erred in law by not appreciating that subjecting a child to an admission or selection test at the elementary level is expressly prohibited under Section 13 of the RTE Act.
It has been contended that the provision was enacted to safeguard the fundamental right of every child to free, fair and non-discriminatory access to education under Article 21-A of the Constitution.
The appellant has further submitted that Section 13 clearly bars screening procedures and other exploitative practices during admissions, and these statutory safeguards are meant to ensure transparency, equity and inclusiveness objectives which, according to the plea, are undermined by entrance examinations at the elementary stage.
The appeal arises from the dismissal of a writ petition challenging the Delhi government's circular dated July 23, 2025, which prescribed admission guidelines for Classes VI to VIII in CM SHRI Schools for the 2025-26 academic session. The Single Bench of Jyoti Singh had upheld the policy, holding that the admission test did not violate the RTE Act.
While dismissing the writ petition, the Single Bench relied on a 2012 Division Bench ruling in Social Jurist v. GNCTD, which upheld selection-based admissions to Rajkiya Pratibha Vikas Vidyalayas at the Class VI level. The court had held that CM SHRI Schools fall within the category of "specified category schools" and that the prohibition on screening under Section 13 of the RTE Act applies only to entry-level admissions such as Nursery or Class I, not to Class VI, which was treated as a stage of transfer.
The Single Bench had also observed that the RTE Act does not create a statutory right to seek admission or transfer to specified category schools offering enhanced facilities, particularly when the demand for seats far exceeds availability.
Challenging this reasoning before the Division Bench, the appellant has asserted that such an interpretation dilutes the protective intent of the RTE Act and effectively legitimises screening procedures at the elementary level, contrary to the express legislative mandate. The appeal seeks the setting aside of the Single Bench judgment and a declaration that the Class VI entrance test for CM SHRI Schools is unlawful.