The Delhi High Court on Friday quashed the reservation of 60 percent seats for children of the central government's Group A officers in Sanskriti School here.
A division bench of Justice Pradeep Nandrajog and Justice Mukta Gupta also directed the Centre to see whether the school - run in Chanakyapuri by wives of top government officers - can be made part of the existing Kendriya Vidyalaya Sangathan.
"Reserving seats for a particular branch of the Indian Services disadvantages children of persons engaged in other branches of the Indian Services," the bench held.
"We quash the 60 percent quota reserved in Sanskriti School for children of Group A officers of the Union of India who enter service through the Civil Services Examination," the court said.
The school reserves 60 percent seats for children of Group A officers, 10 percent for general public, five percent for staff and 25 percent for children under Economically Weaker Sections (EWS) category.
The bench said that separate treatment of Group A officers' children violates both the spirit of equal protection provided under Article 14 and the spirit of equality of education provided under Article 21A of the Constitution.
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"As regards the Sanskriti School, we direct the union government to take an appropriate decision in the light of the present decision and in particular whether the school can be made part of the existing Kendriya Vidyalaya Sangathan, or alternatively, in what manner the wrong can be rectified keeping in view the present decision," said the court.
The bench also said that the real motive to establish the Sanskriti School was that Group A officers of the central government were finding it difficult to admit their children in 'good schools' and 'elite schools'.
The school was allotted land at a premium of Re.1 and a ground rent of Re.1 per annum.
The central government had also declared that various government agencies and ministries donated Rs.15.94 crore to the managing society for setting up the school.
"The State cannot provide funds to any private individual to establish a school for an elite segment of society," the court remarked.
The bench, however, did not go into the issue of fee concession of up to 40 percent given by Sanskriti School to children of Group A officers.
In 2006, the court took suo motu cognizance of the issue and said that government resources should be made available firstly to the weaker sections of society.