Today, the Delhi High Court mandated a revision of the income criterion for Economically Weaker Section (EWS) admissions in city schools, elevating the threshold from Rs. 1 lakh per annum to Rs. 5 lakhs. This adjustment stands until the Delhi Government amends the 2011 reservation scheme accordingly.
Justice Purushaindra Kumar Kaurav has instructed the Delhi Government to promptly determine a revised threshold income that aligns with the living standards of the intended beneficiaries within the city, superseding the current Rs. 1 lakh per annum limit.
The court emphasized that the Delhi Government should undertake this assessment by thoroughly analyzing the current economic landscape in Delhi while factoring in pertinent elements. "The criteria established must be methodical, rooted in factual data, and reflective of the prevailing economic realities," the court underscored.
Despite the Delhi Government's Directorate of Education (DoE) suggesting a raise from Rs. 1 lakh to Rs. 2.5 lakh per annum, the court expressed reservations about this increase effectively addressing the dire conditions in Delhi schools. In accordance with the Economically Weaker Sections and Disadvantaged Group Order of 2011, all schools are mandated to allocate at least 25% of their class one capacity for children from the EWS category, ensuring their access to free and compulsory elementary education until its fulfillment.
Justice Kaurav highlighted that the current income threshold of Rs. 1 lakh per annum doesn't accurately mirror the economic challenges faced by families in today's evolving society. Consequently, he stressed the necessity for this threshold to adapt in tandem with the dynamic shifts in the economic structure of society.
Justice Kaurav's remarks came during the dismissal of a petition filed by a minor boy contesting the cancellation of his admission in a private school due to the submission of a fraudulent birth certificate and misrepresented income details provided by his father. In dismissing the petition, the court levied a fine of Rs. 10 lakhs on the father as a consequence of obtaining admission under the EWS category through deceitful means, thereby unjustly denying a deserving candidate their rightful opportunity.
“The aforesaid cost has been imposed after assessing the affluent financial well-being of the petitioner‟s father, which is evident from the ITRs of the subsequent years, numerous foreign trips etc. and also considering the fact that the petitioner has eaten up the seat of a deserving child, who would have otherwise enjoyed the fortune of quality education,” the court said.
However, the court ordered that the minor’s admission shall remain undisturbed but his continued education shall be recognized under the General Category in place of EWS category.
The court further stipulated that if the imposed fine is not submitted by the father to the school within six months, his son's admission will be considered canceled in compliance with the directives issued by the Directorate of Education (DoE). The outstanding amount will then be collected as arrears of land revenue from the father.
The court emphasized a broader concern, calling for a comprehensive reevaluation of the income criteria established in the 2011 scheme governing eligibility for the EWS reservation scheme benefits in schools. This was termed a "clarion call," underscoring the urgency and significance of reassessing these criteria.
The Court pointed out the improbability of assuming that the combined parental income of a child seeking admission under the EWS category and residing in a metropolitan city like Delhi would fall below Rs. 1 lakh per annum. This highlights the discrepancy between the income threshold and the economic realities of such urban areas.
The court additionally highlighted that the income certificate mandated for the continuation of admission under the EWS category, as per the 2011 Order, relies solely on "self-declaration of income." Expressing concern, the court emphasized that this reliance on self-declaration "aggravates the plight of deserving candidates," as these certificates are prone to misrepresentation due to the absence of a robust framework to authenticate their accuracy. This vulnerability undermines the integrity of the process, potentially impacting those genuinely in need.
Justice Kaurav also directed the Delhi Government to ensure that the DOE duly exercises its power under the 2011 Order to diligently verify the admissions at regular intervals and to ensure that nobody is admitted without fulfilling the requisite eligibility.
“In order to suitably implement the directions at (iv) and (v) above, the DOE shall frame a Standard Operating Procedure (SOP) for income verification and regular monitoring of the eligibility criteria,” the court said.
Title: MASTER SINGHAM v. DIRECTORATE OF EDUCATION & ANR.
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