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CM SHRI School Entrance Exam Challenge: Child Petitioner Questions Legality of Class VI Admission Test Under RTE Act

An 11-year-old student has appealed to the Delhi High Court Division Bench, challenging the CM SHRI Schools Class VI entrance test as unconstitutional and violative of the RTE Act, 2009. The case raises pivotal questions about equitable access to education and statutory interpretation.
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New Delhi: An unprecedented legal battle has emerged in India’s education landscape as an 11-year-old student has approached the Division Bench of the Delhi High Court to challenge the legality of the newly instituted entrance test for Class VI admissions in CM SHRI Schools. 

The petition contends that the test violates fundamental rights enshrined under the Constitution and statutory protections under the Right of Children to Free and Compulsory Education (RTE) Act, 2009. 

The controversy comes amid a recent ruling by a Single Bench of the Delhi High Court that upheld the entrance test’s validity — a decision now under scrutiny as the case escalates to a higher judicial forum. 

Background of CM SHRI School Entrance Exam Challenge

CM SHRI Schools are a network of government-run educational institutions in Delhi categorised as “specified category schools” under the RTE Act. 

They were established to provide quality schooling and implement advanced curriculum frameworks aligned with the National Education Policy (NEP) 2020. 

Read also: Big Relief for Working Mothers: Delhi High Court Slams Arbitrary Denial of Child Care Leave for Government Employees

These schools conduct separate admission tests for entry into Classes VI, VII and VIII, as per the July 23, 2025 circular issued by the Directorate of Education, Government of the National Capital Territory of Delhi (GNCTD). 

The July 2025 circular laid down detailed guidelines for the CM SHRI Schools admission test 2025-26, requiring applicants seeking admission beyond Class I to appear for an entrance examination — a stipulation that has sparked legal and public debates. 

The Legal Challenge by an 11-Year-Old Student

The petitioner, Master Janmesh Sagar, an 11-year-old Class VI student of Government Sarvodaya Bal Vidyalaya in Delhi, filed the original petition after appearing for the entrance test on September 13, 2025 and being declared unsuccessful. 

The plea asserts that mandating an entrance examination at the elementary level constitutes a prohibited screening procedure under Section 13 of the RTE Act, 2009. The Act forbids any form of screening or selection test for admission in schools up to Class VIII in order to protect children’s right to free and equitable education. 

The petition further claims that such tests infringe upon Article 21-A of the Constitution, which guarantees free and compulsory education for children aged six to fourteen years. 

The student’s legal team, led by senior advocate Ashok Agarwal, argues that the policy discriminates against students by labelling those who do not pass the entrance test as “untalented” or “undeserving” at a crucial stage in their educational journey. 

Single Bench’s Ruling and Its Legal Reasoning

Earlier in December 2025, a Single Bench of the Delhi High Court, presided over by Justice Jyoti Singh, dismissed a writ petition filed by Master Janmesh Sagar, upholding the legality of the Class VI entrance test. 

The court held that the restrictions under Section 13 of the RTE Act apply only to entry-level admissions such as Nursery and Class I, and do not extend to admissions at later stages such as Class VI. It reasoned that admissions to these higher classes are treated as transfers rather than initial entries. 

The Bench also relied on a 2012 Division Bench decision in Social Jurist v. GNCTD, which upheld the validity of selection-based admissions to Rajkiya Pratibha Vikas Vidyalayas (RPVVs) at the Class VI level. Drawing parallels, the court held that CM SHRI Schools, similarly classified as specified category schools, are not restricted from conducting entrance tests for higher classes. 

Appeal to the Division Bench: Grounds and Arguments

Dissatisfied with the Single Bench’s reasoning, the student’s camp has filed a fresh appeal before a Division Bench of the Delhi High Court seeking to overturn the earlier decision. 

The appeal contends that the Single Judge erred in law by overlooking the explicit statutory prohibition on screening procedures under Section 13 of the RTE Act. 

It argues that the legislature intentionally prohibited selection tests during the entire elementary education period to uphold transparency, equity and inclusion in school admissions. 

According to the appeal, conducting entrance tests undermines these statutory safeguards and institutionalises discrimination in the education system. 

The legal team seeks a declaration that the entrance test policy is unlawful, arbitrary, and unconstitutional, therefore requiring the court to direct the government to adopt alternative non-discriminatory methods of admission — such as a lottery system or random seat allocation — to safeguard children’s rights. 

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