Court rules that privileges are not enforceable rights, dismisses plea challenging policy change as non-violative of Article 14 of the Constitution.
In a significant judgment, the Kerala High Court has upheld the withdrawal of a concession previously granted to twin girl children to be treated as a single admission in Kendriya Vidyalayas. The court ruled that such concessions are privileges and not enforceable rights, and their withdrawal does not violate the principles of equality under Article 14 of the Constitution of India.
The judgment was delivered by Justice Bechu Kurian Thomas in the writ petition filed by Rajesh R., an employee of Indian Railways, seeking admission for his twin daughters in Kendriya Vidyalaya. Rajesh contended that the emotional bond between his twin daughters necessitated their joint admission, arguing that the withdrawal of the concession was arbitrary and discriminatory.
The petitioners argued that the earlier policy of treating twin girl children as a single admission was a matter of gender justice and equality. However, the court noted that the Kendriya Vidyalaya Sangathan had amended its admission guidelines, and the special provision for twin girls was withdrawn starting from the 2022-23 academic year. The court observed that the petitioners were aware of this change when they applied for admission in the 2025-26 academic year.
Justice Thomas emphasized that privileges conferred by educational institutions could be withdrawn at any time and that adherence to uniform admission guidelines is mandatory. The court cited the principles laid out in previous Supreme Court rulings, including Ayurveda Shastri Seva Mandal v. Union of India and Bannari Amman Sugars Ltd. v. Commercial Tax Officer and Others, reiterating that privileges in education cannot be transformed into enforceable rights.
The court dismissed the petition, stating that no legitimate expectation could arise for a concession that was no longer part of the admission guidelines. The ruling also referenced the decision in Kendriya Vidyalaya Sangathan and Others v. Elna Chinchu and Another, where a Division Bench refused to interfere with the withdrawal of discretionary quotas.
The judgment reinforces the commitment to uniformity and transparency in the admission process of Kendriya Vidyalayas, maintaining that selective entitlements cannot be granted based on individual circumstances without compromising fairness and equality.
Bottom line:-
Withdrawal of concession for twin girl children to be treated as a single admission in Kendriya Vidyalayas is not violative of Article 14 of the Constitution. Such concessions, being privileges and not rights, can be withdrawn, and adherence to uniform admission guidelines is mandatory.
Statutory provision(s): Article 14 of the Constitution of India
Rajesh R. v. Kendriya Vidyalaya Sangathan, (Kerala) : Law Finder Doc id # 2931833
