Delhi HC Directs Schools To Not Insist On Strict Adherence To Neighbourhood Criteria For EWS Reservation

The Delhi High Court recently held that private schools cannot insist on strict adherence to the neighbourhood criteria for admissions under the Economically Weaker Sections (EWS)/Disadvantaged Group (DG) categories. A single-judge Justice Mini Pushkarna emphasized that the purpose of EWS reservation in schools would be undermined if seats designated for this category remained vacant solely because prospective students did not meet the neighbourhood criteria, which requires them to reside within close proximity to the school.

“The court cannot be oblivious of the noble purpose with which criteria has been developed for reservation of seats under the EWS/DG category. The social purpose of reservation of seats under the EWS/DG category cannot be allowed to be lost, if such objections with regard to the applicants not meeting the neighbourhood criteria, are entertained especially when admissions under the EWS/DG category are involved,” the bench stated.

The single bench made these observations in response to a plea filed by two applicants who were selected for admission at Principal Happy Hours schools in Delhi through a draw of lots conducted by the Department of Education. However, the school denied them admission, citing their residence being approximately 4 Km away from the school, thereby not meeting the neighbourhood criteria.

After careful consideration of the case, Justice Pushkarna dismissed the school’s objection and directed it to admit the petitioners in Class I under the EWS category. The bench further emphasized that the order is passed with the aim of ensuring equal educational opportunities for children from economically weaker section, enabling them to integrate into society.