The Delhi High Court has emphasized the importance of providing equal opportunities for students from disadvantaged groups and economically backward classes to integrate into mainstream society. The court has directed a private school to admit three students under the Economically Weaker Sections (EWS) category, highlighting the need for these students to have the chance to study and progress alongside their peers.
Justice Mini Pushkarna highlighted that the limited seats designated for the Economically Weaker Section (EWS)/ Disadvantaged Group (DG) should not be left unoccupied, as each unfilled seat in this category represents a denial of quality education to a child from an economically disadvantaged background.
Justice Mini Pushkarna further stated that denying admission to a child belonging to the EWS/DG category would not only violate their rights under Article 21A of the Constitution but also contravene the rights provided to such students under the Right to Education (RTE) Act of 2009.
The court’s decision was made in response to a contempt petition submitted by three children who were seeking enforcement of a December 2021 order. The previous order had directed a well-known private school to provide admission to the petitioners under the EWS/DG category.
The three petitioners sought admission in Class 1 of the school under the EWS/DG category and were selected through a lottery conducted by the Delhi government’s Directorate of Education (DOE). However, the school rejected their admission based on various objections.
In one case, the school claimed that the address of one petitioner could not be verified during physical verification. In response, the judge emphasized that the court cannot overlook the fact that the child belongs to a disadvantaged group. Denying admission to a child simply because their address was untraceable during verification is unfair, especially for a child from a rural area residing in rented accommodation.
The court stressed “This court cannot ignore the fact that the disadvantaged groups of the society have to be given equal opportunities to come forward in life. This includes giving opportunities to the students belonging to the disadvantaged groups and economically backward classes to study in schools along with other children, so that they are part of the mainstream of the society.”
“Further, if the admissions are denied to such applicants under the EWS/ DG category on such unjustified grounds, then the limited seats which are available under the EWS/ DG category will go to waste.”
