Funds to be transferred to EWS students for uniforms: Court allows Delhi govt

The bench also noted that the government’s last year agreement to increase the amount given to students for school uniforms could not be said to violate the Right to Education Act.

The Delhi High Court on Friday allowed the Delhi government to directly transfer funds to the bank accounts of students in government schools, from the economically weaker section (EWS), and those from disadvantaged groups studying in private unaided schools, to enable them to purchase school uniforms, instead of mandating that uniforms be supplied in kind.

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A bench of chief justice DK Upadhyaya and justice Subramonium Prasad observed that the government faces challenges in taking measurements, procuring material, processing individual orders, and distributing uniforms, all before the new academic session begins.

The bench also noted that the government’s last year agreement to increase the amount given to students for school uniforms could not be said to violate the Right to Education Act.

The council of ministers last year, on May 10, agreed to the Directorate of Education’s (DOE) proposal for increasing the amount of money given to students for school uniforms through Direct Bank Transfers (DBT) mode from academic session 2025-26 onwards, due to “operational difficulties” in providing it in kind.

As per the June 10, 2025 notification, the revised rates are ₹1,250 each for uniforms of students in classes 1 to 5; ₹1,500 each for those in classes 6 to 8; ₹1,700 for 9 to 12. It will apply to students in government and aided schools, as well as to children from the EWS and DG categories, studying in private schools under the RTE and Free Ship quota.

“Undoubtedly, it would be impossible to carry out the exercise of taking measurements of every student, placing orders for different kinds of cloth on the GeM portal, after procurement of the material, getting the uniforms stitched, and finally distributing before the commencement of a new session. The decision by the government to provide money to the students directly would ensure that the uniforms are available to the students in time,” the court said in its order.

It added, “The decision taken by the government cannot be said to be contrary to the mandate of the RTE Act and the 2011 Rules. The policy decision arrived at by the respondents does not show that there was any intent of malafide or that the policy is contrary to provisions of statutory rules or of the Constitution.”

The court passed the order while dealing with the Delhi government’s application seeking modification of the high court’s April 2023 order.

In April 2023, the high court disposed of a petition filed in 2013 by NGO Justice for All, which had highlighted the government’s failure to provide free uniforms as mandated under the Right to Education Act.

In 2014, the court had directed the government to supply free textbooks, uniforms, and writing material in kind, and the government had also assured in a separate contempt petition that no cash would be given instead of uniforms.

The government, in its application filed through advocate Sameer Vashisth, stated that the cabinet, while approving the revision of uniform subsidy rates, had not approved procurement and distribution of uniforms in kind due to operational constraints. It added that though the policy had been implemented for classes 9 to 12, the government was awaiting the court’s order for implementation for children up to class 8.