Denial Of Admission Under EWS/DG Category Despite Allotment By DoE Violative Of Child’s Fundamental Right Under Article 21A: Delhi High Court

The Delhi High Court has said that denial of admission by a school under EWS/DG category despite allotment by Directorate of Education (DoE) “frustrates the noble objective” of Right to Education Act, 2009 and violates fundamental rights of such children under Article 21A of Constitution of India.

Justice Mini Pushkarna made the observation while allowing the plea of a minor child seeking directions for admission in Indraprastha World School under the EWS/DG category. The school had denied the admission, saying that the child’s residence is not within the distance of one kilometre radius from the school.

On June 01, 2022, the court passed an order for interim admission of the child and also directed that an enquiry be conducted by DoE on the objection raised by the school.

Deciding the matter in favour of the child finally, the court directed that the child will continue to study under the EWS/DG category in the school.

Considering the fact that the DoE had given a report in favour of the child that he is staying with his family at the given address which is within one kilometre from the school, Justice Pushkarna directed that the child be allowed to continue to study under EWS/DG category.

The court observed that it cannot go into any fact finding mission regarding the objections raised by the school with respect to residence of the children.

“Even otherwise, OBC/Scheduled Caste/Tribe Certificate is never considered as a proof of residence. This Court would rely upon the report as submitted by the DOE which has been submitted on the basis of an enquiry conducted by the Vice Principal of the local Government School,” it said.

The court also said that the DoE is a statutory authority having supervisory jurisdiction over schools recognised by it and that there is prima facie nothing on record to doubt the veracity of the exercise carried out by it.

It noted that even the Aadhar card of the child’s father reflected the same address.

“If this Court is to doubt the genuineness of the exercise of scrutiny and investigation carried out by the DOE as regards the residence of children on the basis of such objections as raised by the school, then many children would be deprived of admission under the EWS/DG category. This would defeat the very purpose of the provisions of The Right of Children to Free and Compulsory Education Act, 2009 (RTE, 2009),” it said.

Justice Pushkarna said that the court would accept the bonafides of the investigation and scrutiny carried out by DoE unless some very glaring discrepancy is brought to the fore.

“Even otherwise, the noble object of providing good education to the economically downtrodden strata of society and to bring them in the mainstream of the society, cannot be lost sight of,” the court added.

It also noted that under the DG category, the only criteria is whether the child belongs to any schedule caste or schedule tribe or other backward classes, and not the income.

“Denial of admission by a school under the EWS/DG category even after allotment of school by DOE, frustrates the noble objective of the RTE Act, 2009. It violates the fundamental rights of children belonging to EWS/DG category, as enshrined under Article 21-A of the Constitution, as also undermining the object of the RTE Act, 2009,” it said.

Title: ARTH LAKRA (MINOR) v. INDRAPRASTHA WORLD SCHOOL AND ANR.

Citation: 2023 LiveLaw (Del) 197

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