Give free books, not money, to EWS students: HC to Delhi govt

The counsel told the court that due to financial constraints faced by the state government, they are not being able to give the things in kind and are rather giving subsidies

The Delhi high court on Monday asked the state government to explain why its earlier orders to give free uniforms, textbooks to students from the economically weaker section (EWS) and disadvantaged group communities have not been complied with.

The court was hearing a contempt plea and other related pleas, seeking the implementation of the August 28, 2014 order by which the Delhi government and private unaided schools were directed to give students from disadvantaged communities textbooks, uniforms in kind. (HT Archive)

The court was hearing a contempt plea and other related pleas, seeking the implementation of the August 28, 2014 order by which the Delhi government and private unaided schools were directed to give students from these communities textbooks, uniforms etc in kind, and not in the form of subsidy.

A bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad asked the government to file an affidavit in the matter and posted the matter for hearing on April 13.

During the proceedings, advocate Santosh Kumar Tripathi, standing counsel of the Delhi government, told the court that it is the prerogative of schools to provide accessories to students in kind, as sought by the parents. He added that private schools are not giving the benefits.

The counsel also told the court that due to financial constraints faced by the state government, they are not being able to give the things in kind and are rather giving subsidies.

However, this did not go down well with the court, which remarked, “The government will have to answer this.”

Advocate Kamal Gupta, appearing for the schools, told the court that though the state government was forcing private unaided schools to give the benefits in kind, the government in its own schools is giving a sum of ₹1100 per annum to the students.

In its August 28, 2014 order, the court noted that around 51,000 children are without textbooks and uniforms, and said that in view of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Delhi Right of Children to Free and Compulsory Education Rules, 2011, “this position is wholly unacceptable”.

“It is the duty of the government as well as the schools to ensure that free textbooks are made available to children all belonging to the EWS / DG categories. Along with the free textbooks they are also entitled to get free uniforms and writing materials,” the court order had said.

In 2018, a division bench of the high court had noted that the Delhi government “admittedly” has been giving subsidies but not “in kind”, as directed in 2014. The court had then asked the Delhi government to file an affidavit in this regard and comply with the earlier orders.

The matters were not heard during the pandemic when only extremely urgent matters were being heard.