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High Court Directs Schools To Ensure Admissions Under EWS Quota

The Delhi High Court on Friday noted that there is a “miserable state of affairs” in the national capital regarding the implementation of the Right to Education Act, 2009 at the level of primary education. The weaker section (EWS) under the law is denied entry.

Justice Chandra Dhari Singh gave a slew of clues while throwing out a number of pleas on the issue of admission of EWS children into the schools in Delhi. The court said it is important to exercise jurisdiction under section 226 to provide guidance to ensure that children belonging to EWS are protected.

The petitioners had requested admission of pupils in the EWS category under section 2(e) of the RTE Act in several private primary schools. The students received letters from the Department of Education (DoE) of the Delhi government confirming their admission into the schools under the RTE Act.

It was the petitioners’ case that despite the children being in possession of confirmed admission letters from the DOE, the schools refused to admit them.

Going through the schedule of the RTE and various court rulings, Justice Singh directed the DoE to conduct the necessary screening to verify the credentials of the children along with the parents and also to verify the facts regarding eligibility. verify in shortlisting, allocating and informing the children suitable for admission under the said quota.

However, the court clarified that such admission may not be denied for lack of student satisfaction in good faith by the school.

The court also said that mere suspicion or doubt about the student’s credentials “on the basis of fact-finding conducted by the school” cannot be grounds for refusing admission.

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The court has also instructed the schools to ensure that the provision of the RTE Act is implemented in letter and spirit.

A copy of the judgment is awaited.




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