Schools Can’t Deny Admission To Students Under EWS/DG Category On Unjustified Grounds After Allotment By Directorate Of Education: Delhi High Court

The Delhi High Court has ruled that schools in the national capital cannot deny admissions to students under the Economically Weaker Section or Disadvantaged Group category once there is a valid allotment by the Directorate of Education.

Justice Mini Pushkarna said that the court cannot ignore the fact that disadvantaged groups of the society have to be given equal opportunities to come forward in life.

“This includes giving opportunity to the students belonging to the disadvantaged groups and economically backward classes to study in schools along with other children, so that they are part of the mainstream of the society,” the court said.

It added that if admissions are denied to the applicants under the EWS or DG category on unjustified grounds, then the limited seats which are available under the category will go waste. “Such a situation cannot be allowed to perpetrate, as every vacant seat against EWS/DG quota signifies denial of quality education to a child belonging to poor strata of society,” the court said.

Noting that the DOE receives a large number of applications under the EWS or DG category and the seats are very limited, Justice Pushkarna said:

“Thus, once a school has been validly allotted by the DOE to an applicant for admission under the EWS/DG category, the schools cannot deny admission to students under EWS/DG category by raising such objections.”

The court made the observations while hearing a contempt plea moved by three students against GD Goenka Public School for non compliance of an order directing it to grant admission to them under EWS/DG category in class 1.

The students were successful in the draw of lots conducted by Delhi Government’s Directorate of Education and were allotted the school in question but they were denied admission on account of various objections raised by the school.

Allowing the petitions, the court directed the petitioner students to approach the school within one week to seek admission in Class – 1 under the EWS or DG category.

“The respondent school is directed to immediately process the documents as submitted on behalf of the petitioners and grant admission under the EWS/DG category in Class – 1 for the current Academic Session 2023-2024,” the court said.

Justice Pushkarna observed that denial of admission to a child under the EWS or DG category would violate the rights of such children under Article 21A of the Constitution of India as well as rights available to them under the Right to Education Act, 2009.

“The respondent school cannot shun its responsibility under Article 21A of the Constitution of India, which provides a categorical obligation on the State to ensure to provide free and compulsory education to all children of the age 6 to 14 years as a fundamental right,” the court said.

It also added that under the RTE Act, the school is under an obligation to reserve 25% of its seats against the available or declared strength of its classes at the entry level.

Title: SHAHNAZ KHATOON & ORS. v. GD GOENKA PUBLIC SCHOOL

Citation: 2023 LiveLaw (Del) 485

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