Justice Shankar asserted that as long as this stance remains unaltered, schools cannot argue, especially before a single judge, that they are not obligated to fill unfilled Economically Weaker Sections (EWS) or Disadvantaged Group (DG) backlog vacancies from a specific year in the subsequent class of the following year.

“In other words, for example, unfilled KG/pre-primary EWS/DG vacancies in a particular year would have to be filled by the concerned school by admitting a corresponding number of EWS/DG students in Class I in the next year. Any school refusing to do so would expose itself to appropriate action in accordance with the DSE Act and the DSE Rules,” the court said.

The court issued these remarks while addressing a petition filed by the mother of a five-year-old girl who faced rejection for admission in the KG or Pre-Primary class under the Economically Weaker Sections (EWS)/Disadvantaged Group (DG) category on three occasions during the academic sessions of 2021-2022, 2022-2023, and 2023-2024.

Upon granting the plea, the court ordered that the girl persist in her studies as an Economically Weaker Sections (EWS) student in Class I at the respective school until the conclusion of the academic year.

Additionally, the court instructed the Directorate of Education (DOE) to guarantee the girl's admission to Class II in a nearby school for the academic session 2024-2025 as an Economically Weaker Sections (EWS) or Disadvantaged Group (DG) candidate. The directive emphasized that she should persist in her education at the specified school until reaching the age of 14, in accordance with the provisions outlined in the Right to Education (RTE) Act.

Counsel for Petitioner: Mr. Aayush Agarwala and Mr. Siddham Nahata, Advocates

Case Title: ANAJALI PANDEY v. GOVT OF NCT OF DELHI & ANR.