The Delhi High Court on Tuesday directed the Directorate of Education (DoE) to decide on a representation challenging a controversial circular issued on November 11, 2024.
The circular, which allegedly sets separate admission timelines for children from weaker sections, disadvantaged groups, and the general category, has been contested for potentially creating discrimination.
A bench of Justices Manmohan and Tushar Rao Gedela, after hearing submissions from all parties, disposed of the plea and asked the concerned authorities to resolve the issue within four weeks. The petition had called for the circular to be quashed and urged the Delhi Government to adhere to the guidelines set on October 26, 2022, which aim to prevent such discrimination.
The petition, filed by the Justice for All NGO, represented by Advocates Khagesh Jha and Shikha Sharma Bagga, represents the interests of over 1,50,000 prospective applicants vying for 50,000 seats in private schools across Delhi.
It contends that the circular issued by the Director of Education undermines the inclusiveness mandated by the Right to Education (RTE) Act, 2009.
Specifically, the plea challenges the circular’s exemption of schools from the provisions of Section 12(1)(c) of the RTE Act, which ensures that private schools reserve 25% of their seats for children from economically weaker sections (EWS) and disadvantaged groups.
The NGO argues that the exemption was granted without legal authority and violates the statutory rules notified by the Lt. Governor of Delhi regarding EWS admissions.
Furthermore, the petition highlights the problematic segregation of admission timelines for the EWS category and the general category. It asserts that making EWS/DG admissions contingent on the general category schedule goes against the core principles of the RTE Act and infringes upon the right to education as guaranteed under Article 21A of the Constitution.
The court’s directive to the Directorate of Education signals the need for swift action to address these concerns and ensure that admissions are conducted in a manner that is inclusive and in compliance with the law.
