The Delhi High Court has issued a ruling stating that schools in the national capital are not allowed to refuse admissions to students belonging to the Economically Weaker Section (EWS) or Disadvantaged Group (DG) category once a valid allotment has been made by the Directorate of Education.
A single-judge Justice Mini Pushkarna emphasized that it is crucial for the court to acknowledge the importance of providing equal opportunities to disadvantaged groups within society.
The bench stressed the significance of allowing students from disadvantaged groups and economically backward classes to study in schools alongside their peers, enabling their integration into the mainstream of society.
It further highlighted that denying admissions to applicants in the EWS/DG category without justifiable grounds would result in wasted seats that were specifically allocated for this purpose.
The court firmly stated that such a situation cannot be tolerated, as every vacant seat designated for EWS/DG quota signifies a denial of quality education to a child from an economically underprivileged background.
The ruling serves as a reminder to educational institutions to fulfill their responsibility in ensuring equitable access to education for all students, irrespective of their socio-economic background.
Highlighting the limited availability of seats compared to the large number of applications received under the Economically Weaker Section (EWS) or Disadvantaged Group (DG) category, Justice Pushkarna observed:
“Thus, once a school has been validly allotted by the DOE to an applicant for admission under the EWS/DG category, the schools cannot deny admission to students under EWS/DG category by raising such objections.”
Justice Pushkarna made the observations during the hearing of a contempt plea filed by three students against GD Goenka Public School. The plea alleged non-compliance of a previous court order, which had directed the school to admit the students under the Economically Weaker Section (EWS) or Disadvantaged Group (DG) category for Class 1.
The students were successful in the draw of lots conducted by Delhi Government’s Directorate of Education and were allotted the school in question but they were denied admission on account of various objections raised by the school.
The court, while granting relief to the petitioners, instructed the students to approach the school within one week to seek admission in Class 1 under the EWS or DG category.
Justice Pushkarna, in her observations, highlighted that denying admission to a child under the Economically Weaker Section (EWS) or Disadvantaged Group (DG) category would amount to a violation of their rights under Article 21A of the Constitution of India and the Right to Education Act, 2009.
It further emphasized that the respondent school cannot evade its responsibility as stated in Article 21A of the Constitution, which imposes a clear obligation on the State to provide free and compulsory education to all children between the ages of 6 and 14 as a fundamental right.
Furthermore, the court noted that the school is legally bound under the Right to Education (RTE) Act to reserve 25% of its seats based on the available or declared strength of its classes at the entry level.
