School Can't Refuse Admission If DoE Satisfied That Child Is Entitled To Preferential Admission Under EWS/DG Category: Delhi High Court

The Delhi High Court has observed that once the Directorate of Education (DoE) is satisfied that a child is entitled to preferential admission under the Economically Weaker Sections (EWS) or Disadvantaged Group (DG) category, the school cannot refuse admission to the child.

Justice C Hari Shankar said that it is the child welfare which is paramount and law cannot countenance a situation in which, despite DoE having found the child entitled to admission, school refuses the same.

“The authority to grant admission to EWS/DG/CWSN category has been conferred on DoE. It is the DoE which is required to carry out requisite verification and satisfy itself that child in question is entitled to preferential admission under the said category. If the DoE is satisfied on that count, the respondent-School cannot refuse admission to the child,” the court said.

Justice Shankar made the observations while dealing with a plea moved by a 7-year-old boy against denial of admission by a school to him under EWS category, despite allotment by DoE.

Allowing the plea, the court confirmed an order passed by the coordinate bench on September 15 last year directing the school to grant admission to the minor in Class I in the EWS/DG/CWSN category for 2023- 2024 academic session.

It ordered that the child shall continue to receive education in the School in the said category in accordance with law.

“The admission of the petitioner shall stand regularized accordingly. This writ petition is allowed in the aforesaid terms,” the court said.

Counsel for Petitioner: Mr. Arkaneil Bhaumik and Mr. Shashwat Kabi, Advocates for Dr. Amit George, Advocate

Counsel for Respondents: Mr. Utkarsh Singh, Advocate for Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) GNCTD for DoE

Title: OJAS SATYAWALI THROUGH HIS MOTHER BHAWNA PATHAK v. DIRECTORATE OF EDUCATION & ANR.

Citation: 2024 LiveLaw (Del) 45

Click Here To Read Order