The Delhi High Court on Tuesday amended a ruling by a single judge that raised the income threshold from Rs. 1 lakh per annum to Rs. 5 lakhs for admissions under the Economically Weaker Section (EWS) category in schools within the city.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora suspended the directives of the single judge and declared that the income threshold for the Economically Weaker Section (EWS) category would be raised from Rs. 1 lakh to Rs. 2.5 lakhs, pending further instructions.
The single judge issued the contested ruling in December of last year. The income threshold was elevated to Rs. 5 lakhs until an amendment is enacted by the Delhi government in the 2011 reservation scheme.
The single judge had instructed the Delhi Government to promptly make a decision to raise the current income threshold of Rs. 1 lakh per annum to an amount that is "commensurate" with the living standards of the intended beneficiaries of the scheme within the city.
Despite the proposal from the Delhi Government's Directorate of Education (DoE) to elevate the threshold from Rs. 1 lakh to Rs. 2.5 lakh per annum, the single judge remarked that the suggested increase did not appear to significantly improve the dire situation in Delhi's schools.
The judgment was passed by the single judge when dismissing a petition filed by a minor boy challenging the cancellation of his admission to a private school. The cancellation was based on the discovery of his fraudulent birth certificate and an income certificate of his father, obtained through misrepresentation of his actual income.
The petition was dismissed by the court with costs of Rs. 10 lakhs imposed on the father, instead of allowing the minor's admission to continue. The court noted that the admission had been obtained under the EWS category through illicit means, depriving a deserving candidate of the opportunity. However, the court ruled that the minor's admission would remain unaffected, but his education status would be recognized under the General Category rather than the EWS category.
Case Title: Directorate of Education v. Master Singham & Anr.
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