Delhi high court revises income threshold for EWS admissions to ₹2.5 lakh

The court was considering a plea filed by the Directorate of Education (DOE), Delhi government challenging a December 14 verdict

The Delhi high court on Tuesday modified an order passed by its single judge bench increasing the income threshold of ₹1 lakh per annum to ₹5 lakh for claiming Economically Weaker Section (EWS) reservation for admission to schools in the city.

A division bench led by acting chief justice Manmohan instead increased the existing threshold from ₹1 lakh to ₹2.5 lakh as an interim measure during the pendency of the case. (HT Archive)

A division bench led by acting chief justice Manmohan instead increased the existing threshold from ₹1 lakh to ₹2.5 lakh as an interim measure during the pendency of the case.

The bench also comprising justice Manmeet Pritam Singh Arora while issuing notice further stayed the single judge’s direction asking the Delhi government to immediately do away with the current system of admission in the EWS category based on a self-declaration of income by the parents and devise an appropriate framework for EWS admissions in schools.

“Issue notice. Till further orders, there shall be a stay on the directions contained in paragraph 119 of the impugned judgement (dated December 14) except that the threshold income for Economically Weaker Section shall stand increased from ₹1 lakh to ₹2.5 lakh till further orders,” the court said in its order while posting the petition for August 5.

The court was considering a plea filed by the Directorate of Education (DOE), Delhi government challenging the December 14 verdict delivered by a bench of justice Purushaindra Kumar Kaurav.

In the mentioned verdict, justice Kaurav had directed for increasing the existing income threshold for claiming EWS reservation in the city to ₹5 lakh, till revision of the requisite income threshold by the Delhi government. The court had asked the government to increase the threshold to a commensurate amount corresponding to the living standard of the intended beneficiaries of the scheme. The judge had opined that the current threshold did not precisely reflect the economic hardships faced by families in contemporary times and that Delhi had the lowest requisite income criteria as compared to the amount of ₹8 lakh per annum which was followed by most of the states.

To be sure, according to the Delhi School Education (Free seats for Students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011 children whose parents have an annual income of less than ₹1 lakh and have been living in the Capital for the last three years, are entitled to admission under the EWS quota.

On Tuesday, the DOE, appearing through standing counsel Santosh Kumar Tripathi submitted that the sudden increase in the threshold would adversely impact the candidates from labour category with income of ₹1 lakh and would also hinder the fundamental right to free and compulsory education guaranteed under article 21A of the Constitution.

Tripathi further submitted that the current system of admission in the EWS category based on a self-declaration of income by the parents was appropriate and did not require any change. The counsel also argued that the government was not able to implement the directions of the single judge since the admission process had already commenced in November.