DENIAL OF ADMISSION BY KVS DC

Question

► My brother son is residing with me since childhood. I am a defence personnel when I was posted at my previous unit the admission was provided to my brother son to whom I am looking responsibility as guardian by kvs naliya considering my address proff. After coming to new place on transfer in sep month I applied to admission to kvs on kvs TC. KVS dundigal sent admission case to DC KVS Hyderabad for admission approval. BUT admission was denied by Deputy commissioner KVS and reason stating that I have to submit legal adoption deed for admission. I have already submitted the notarized Guardian ship affidavit to DC KVS but they denied admission on Guardianship affidavit. When the child was studying at previous unit that time also he was not adopted. Now after coming to new place in between of session they are forcing me to submit adoption deed for admission. They are not agreeing on Notarized Guardian affidavit. What can be further action as I can not adopt the ward for admission only as adoption is permanent in nature. I can look his responsibility as guardian which is temporary. I have already KV TV issued by previous school.

Answer 1

There is no basis to consider your claim to be guardian of child. Your so called notarised affidavit is not sufficient and the same has no legal value as the same does confer any right to be guardian of the child nor the same validate your relation with child as guardian. The decision of commission is correct. Only after adoption by adopting legal procedure, you can be considered as guardian of child. Do not waste your time in unnecessary meaningless litigation.

Answer 2

Hello,

Sir,

The best possible way to deal with this is to write a representation to the higher authorities of the education department including the ministry under which the school comes.

Thereafter, if there is no resolution, you can file a writ as against the school and the concerned authorities including the ministry for taking admission of the ward without insisting upon adoption deed.

You are requested to contact me through OLQ for further details and help.

Answer 3

Dear Sir,

The Deputy Commissioner’s insistence on an adoption deed:

Is not based on any provision in the KVS Admission Guidelines,

Is contrary to earlier KVS precedent (your ward’s prior admission in KV Naliya),

Violates Article 14 of the Constitution (equal treatment under law),

And goes against the principle of continuity of education for a child transferred on KVS TC.

In short — the denial is arbitrary, unreasonable, and discriminatory.

If the DC still refuses, you can approach the Central Administrative Tribunal (CAT) or High Court by filing a Writ Petition under Article 226, seeking: “Direction to KVS to admit the petitioner’s ward in KV Dundigal based on existing TC and guardianship affidavit.”

Grounds:

Violation of Article 14 & 21 (Right to Education and Equality),

Arbitrary action,

No such requirement of adoption under KVS rules,

Child’s education disrupted due to official’s misinterpretation.

The Court can direct KVS to grant admission immediately.

DENIAL OF ADMISSION BY KVS DC

3 Answers