Delhi HC directs private school to admit 3 EWS students

Delhi High Court has directed a private school to grant admission to three economically weaker section (EWS) students, stating that every vacant seat against this quota signifies denial of quality education to a child belonging to the poorer section of society. The court observed that students of disadvantaged groups and economically backward classes should be given equal opportunities to come forward in life and study in schools along with other children to be integrated into mainstream society. The order came on a contempt petition filed by three children seeking compliance with a December 2021 order.

The Delhi high court has directed a private school in the city to grant admission to three students from the economically weaker section (EWS) category while observing that students of disadvantaged groups and economically backward classes must be given equal opportunities to come forward in life and study in schools along with other children to be integrated into mainstream society.

The order came on a contempt petition filed by three children seeking compliance with a December 2021 order which directed a reputed private school to grant admission under the EWS/ DG category to the petitioners.

Justice Mini Pushkarna said that the limited seats available under the EWS and disadvantaged group (DG) category cannot be allowed to go waste as every vacant seat against this quota signifies denial of quality education to a child belonging to the poorer section of society.

“Denial of admission to a child under the EWS/DG category, would violate the rights of such children under Article 21A of the Constitution as well as rights available to such students under the Right to Education (RTE) Act, 2009,” the court said.

It said the school cannot shun its responsibility under Article 21A of the Constitution, which provides for a categorical obligation on the state to ensure free and compulsory education, to all children in the age group of six to 14 years, as a fundamental right.

The order came on a contempt petition filed by three children seeking compliance with a December 2021 order which directed a reputed private school to grant admission under the EWS/ DG category to the petitioners.

The three petitioners were seeking admission in the school in Class 1 under the EWS/DG category. They were successful in the draw of lots conducted by the Delhi government’s directorate of education (DOE) and allotted the respondent school for admission.

However, the petitioners were denied admission on account of various objections raised by the school, including the claim that the address of one of the children was not traceable during physical verification.

The judge said the court cannot shut its eye to the fact that the child belongs to a disadvantaged group of society, and a child living in a rural area and in a rented accommodation cannot be denied admission merely because the school was unable to trace the address during physical verification.

“This court cannot ignore the fact that the disadvantaged groups of the society have to be given equal opportunities to come forward in life. This includes giving opportunities to the students belonging to the disadvantaged groups and economically backward classes to study in schools along with other children, so that they are part of the mainstream of the society,” it said.

The court also noted the DoE has made it very clear that no other child has been allotted seats under the EWS/DG category in the school concerned against the seats allotted to the petitioners. It asked the three children to approach the school to seek admission in Class 1 under the EWS/ DG category, and also directed the school to immediately process the documents submitted by the petitioners and grant them admission for the current academic session 2023-2024.