Delhi High Court Permits Direct Cash Transfer Of School Uniform Subsidy To EWS Students, Instead Of In-Kind Supply

The Delhi High Court on Friday permitted the Delhi Government to provide school uniform assistance to Economically Weaker Section (EWS) and Disadvantaged Group (DG) students in private schools through Direct Benefit Transfer (DBT), instead of supplying uniforms strictly in kind.A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Subramonium Prasad modified an earlier order passed in 2023 and directed the Delhi Government to ensure that adequate amount is provided at the earliest. The case stems from a writ petition filed by NGO Justice For All in 2013 seeking effective implementation of the Right of Children to Free and Compulsory Education Act, 2009, particularly the obligation to provide free textbooks, uniforms and study material to EWS and DG students admitted in aided and unaided private schools in the national capital.Earlier, the Court had expressed concern over the practice of granting cash in lieu of uniforms and had indicated that uniforms ought to be supplied in kind. Subsequently, the Delhi Government filed a review plea seeking modification of the said direction, citing practical and administrative difficulties.Disposing of Delhi Government's plea, the Court said that the difficulties faced by the Government regarding measurement of uniforms, procurement of material and processing of individual orders and distribution of uniforms were “genuine.”“Undoubtedly, it would be impossible to carry-out the exercise of taking measurements of every student, placing orders for different kinds of uniform cloth on the GeM portal, after procurement of the material getting the uniforms stitched as per the measurements and finally distributing the uniforms in schools before the commencement of a new session,” the Court said. It added that the decision taken by the Delhi Government to provide for money to the students directly so that they can buy the uniforms would ensure that the uniforms are available to the students in time. “The decision taken by the Government cannot be said to be contrary to the mandate of the RTE Act and the 2011 Rules. Under the 2011 Rules, there is a mandate to provide uniforms but the Rules do not state that the Government has to provide uniforms in kind only. Therefore, the insistence of the Petitioners that actual physical uniforms be provided cannot be accepted,” it said. The Bench concluded that the policy decision arrived at by the Delhi Government did not show that there was any intent of malafide or that the Policy is contrary to provisions of statutory rules or of the Constitution of India. “In view of the above, this Court does not find fault with the Policy dated 10.06.2025. Resultantly, the Order dated 13.04.2023 to the extent that it is applicable to uniforms is modified and the GNCTD is directed to ensure that adequate amount is provided in accordance with the Policy decision taken by the Government well within time and at the earliest,” the Court said. Counsel for Petitioner: Mr. Khagesh B Jha with Ms. Shikha Sharma Bagga, Mr. Ankit Mann, Ms. Jyoti Shokeen, Ms. Amisha Dhariwan, AdvsCounsel for Respondent: Mr. Sameer Vashisht, SC with Mr. Abhinav Sharma, Ms. Harshita Nathrani, Ms. K. Mittal, Advs for GNCTD; Mr. Kamal Gupta with Ms. Tripti Gupta, Mr. Sparsh Aggarwal, Ms. Madhulika Singh, Ms. Sabrina Singh, Advs for Action CommitteeTitle: JUSTICE FOR ALL v. GOVT. OF NCT OF DELHICitation: 2026 LiveLaw (Del) 103Click here to read order

Delhi High Court Permits Direct Cash Transfer Of School Uniform Subsidy To EWS Students, Instead Of In-Kind Supply

Nupur Thapliyal

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