Delhi High Court Orders To Increase Income Threshold For EWS Admissions In Schools From Rs. 1 Lakh To Rs. 5 Lakh Till Amendment

The Delhi High Court on Tuesday ordered that the existing income threshold of Rs. 1 lakh per annum, for admissions under Economically Weaker Section (EWS) category in schools in the city, be increased to Rs. 5 lakhs, till an amendment is made by Delhi Government in the 2011 reservation scheme.

Justice Purushaindra Kumar Kaurav directed the Delhi Government to take a decision as expeditiously as possible to increase the existing threshold income of Rs. 1 lakh per annum to a “commensurate amount” which corresponds to the living standards of the intended beneficiaries of the scheme in the city.

The court said that the exercise be done by the Delhi Government after assessing the prevailing economic conditions in Delhi and considering other relevant factors.

“Needless to observe, the criteria must be scientific and must be based on actual data,” the court said.

It added: “Till the aforesaid exercise is done and appropriate amendment is made in the scheme, the required income under Clause 2(c) of 2011 Order shall be considered to be increased to Rs. 5 lakhs instead of Rs. 1 lakh as all the other States have the threshold amount in question to the tune of almost Rs. 8 lakhs. The aforesaid directions are made operational with immediate effect.”

Even though the Director of Delhi Government's Directorate of Education (DoE) proposed to increase the threshold from Rs. 1 lakh to Rs. 2.5 lakh per annum, the court said the proposed increase also does not seem to ameliorate the miserable situation prevailing in the schools in Delhi.

As per Economically Weaker Sections and Disadvantage Group) Order, 2011, all schools are required to admit children belonging to EWS category in class one to the extent of at least 25% percent of the strength and provide them free and compulsory elementary education, till its completion.

Justice Kaurav observed that the income threshold of Rs. 1 lakh per annum does not precisely reflect the economic hardships faced by the families in the contemporary times and therefore, it ought to change with the dynamism of the economic structure of the society.

“A comparative analysis of the said threshold income criterion in the NCT of Delhi with rest of the States and Union Territories would signify that the NCT of Delhi has the lowest requisite income criteria as compared to the amount of Rs. 8 lakhs per annum followed by most of the States. It is apparently forcing the common people, who otherwise fall in the bottom line of the economic strata, to resort to unfair means to secure admission for their children or to keep their hands off from the benefits of welfare legislation. In the present times, injustice may or may not reach the courts, but the constitutional courts must endeavour to reach the injustices,” the court said.

Justice Kaurav made the observations while dismissing a petition moved by minor boy against cancellation of his admission from a private school based on his fraudulent birth certificate and an income certificate of his father obtained by misrepresentation of his actual income.

The court dismissed the petition with Rs. 10 lakhs costs on the father in lieu of continuation of the minor's admission, observing that it was obtained under the EWS category by illicit means and depriving a deserving candidate.

“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.

It added that if the cost is not deposited by the father to the school within six months, his son's admission shall be deemed to be cancelled in accordance with the orders passed by the DoE and the amount shall be recovered as the arrears of land revenue from him.

“The present case enunciates a harrowing tale of blatant subversion of a welfare scheme enacted for extending the benefit of quality education to the Economically Weaker Sections (EWS) of the society. The case at hand, reflects a tormenting state of affairs where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates,” the court said.

On a larger issue, the court highlighted the “clarion call” to revisit the income criterion set out in the 2011 scheme for availing the benefits of the EWS reservation scheme in schools.

“While adjudicating the present case, it has come to the notice of this court that the minimum wage of an unskilled labourer in Delhi is Rs 17,494/- per month but startlingly, as per the existing eligibility criterion, even children of such labourers are not entitled for reaping the benefits of the EWS scheme for securing admission in schools,” the court said.

Justice Kaurav said that it is too far-fetched to assume that the total parental income of a child seeking admission under EWS category and living in a metropolitan city like Delhi shall be below Rs. 1 lakh per annum.

“It is deeply agonizing to see the complete apathy and lackadaisical attitude of the State authorities which is at the helm of protecting the educational rights of the economically weaker sections of the society, which flow from the fundamental Right to Education. The efficacious realization of the Constitution‟s inherent objectives go beyond mere drafting and perusal. To respect the letter and spirit of law, it is imperative that the responsible instrumentality diligently supervises the implementation of the law,” the court said.

Furthermore, the court also noted that the income certificate required for continuation of admission in EWS category as per the 2011 Order is merely based on the “self-declaration of income”.

The court said that such self-declaration “exacerbates the misery of the deserving candidates” as such income certificates are more susceptible to misrepresentation in absence of any resilient framework in place for checking the veracity of the same.

The court thus observed that the issuance of income certificate should be made more responsive, credible and transparent so that that the same can benefit the rightful beneficiaries.

Observing that there has to be some sanctity for issuing the income certificates for reaping the benefits and it ought not to be issued on flimsy grounds, the court directed:

“The Government of NCT of Delhi must immediately eradicate the mechanism of self-declaration and bring in place an appropriate framework for continuation of free seats in schools as envisaged under Clause 6 of 2011 Order.”

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.

Citation: 2023 LiveLaw (Del) 1230

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