Delhi High Court in its judgement held that Denying school admission to financially weaker students despite the Delhi government’s allotment violates their fundamental rights. The Court allows the petition seeking to take admission to a private school in Delhi under the Economically Weaker Section (EWS) category. The Court said that it violates the fundamental rights of children and the Right to Education Act.

The bench of Justice Mini Pushkarna held that “Denial of admission by a school under the EWS/DG category even after allotment of school by the Directorate of Education (Delhi Government), frustrates the noble objective of the Right to Education Act, 2009. It violates the fundamental rights of children belonging to the EWS/DG category, as enshrined under Article 21-A of the Constitution, as also undermining the object of the RTE Act, 2009”.

The plea was submitted by the child with a prayer to give directions to the Private School in Paschim Vihar to allow admission to the child in the Economically Weaker Section (EWS)/Disadvantaged Group (DG) category. In June 2022 the High Court passed an interim order and the child was granted admission. The court had then directed an inquiry by the Directorate of Education (DOE) on the school’s objection that the child had given the wrong address and he did not live within the distance of a one-kilometre radius of the school.

“Considering the fact that the DOE has given a report in favour of the petitioner child that he is staying with his family at the given address in Paschim Vihar, which is within one kilometre from the respondent school, which was the only objection raised on behalf of the school, it is directed that the petitioner child who is already studying in the school since June, 2022, be allowed to continue to study in the said school under the EWS/DG category,” the court pointed out.

The court said that even otherwise, “OBC/Scheduled Caste/Tribe Certificate is never considered as a proof of residence”. 

“The DOE is a statutory authority having supervisory jurisdiction over schools recognised by it. There is prima facie nothing on record to doubt the veracity of the exercise carried out by the DOE. Even the Aadhaar card of the father of the child reflects the given address in Paschim Vihar, New Delhi,” the HC noted.

The Counsel member of the Delhi Government informed the court that it has received a report from the DOE which confirms that the child was staying at the given address at Paschim Vihar. The school had alleged that the child lived in Mundka.

 “Thus, it is submitted on behalf of the DOE that the contention of the petitioner with respect to their residential address in Paschim Vihar is correct,” the order records. The school argued that even the Other Backward Classes (OBC) Certificate which was submitted by the child also shows the address of Mundka and not Paschim Vihar.