Private Schools Must Fill Up Backlog EWS Seats In Next 5 Yrs: Delhi High Court

The Delhi High Court has asked the Delhi Government to make every endeavour to ensure that the backlog of unfilled EWS seats in private schools, both on private and government lands, is filled-up in the next five years in a phased manner; i.e., 20% of the vacancies each year, in addition to the mandated annual 25% intake.

A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan further directed the Delhi Government to ensure that the 25% seats in the Economic Weaker Section (EWS) category students shall be filled up on the basis of declared sanctioned strength at the entry level, irrespective of the actual number of students admitted in the General category.

The entry level includes Pre-school, Nursery, Pre-primary, KG and Class I.

The development came after the Standing Counsel appearing for the Delhi Government apprised the Court that 132 private schools in the city were prima facie found to be violating the government's direction regarding admission of students in the EWS category and that notices in this regard had been issued to them.

It was the government's stand that seats in the EWS category are to be filled up to the fullest at the entry level but some of the schools had not been admitting EWS students for the last decade or so.

Under the EWS category, the Court noted that the private schools on private land have to admit 25% students in the EWS category for which the re- payment of fees, etc. is done on the basis of expenses incurred for a student of a government school.

Moreover, private schools on government land too have to admit 25% EWS category students at the entry level. However, reimbursement by the Delhi Government is to be done for only 5% students of this category expenses of education of the remaining 20% EWS candidates is the obligation of the private schools themselves because of the condition for allotment of government land.

At the outset, the Court observed thus:

"In instances where schools have not complied with the strict requirements of admission of EWS category students, the State has to step-in to the aid of the latter and exercise its duty as a Welfare State. No beneficiary of government land can overlook or avoid its obligation under the allotment."

Accordingly, the Court sought a compliance affidavit by the GNCTD while posting the matter for further hearing on August 4.

Case Title: JUSTICE FOR ALL AND ANR v. VENKATESHWAR GLOBAL SCHOOL AND ORS

Citation: 2022 LiveLaw (Del) 519

Click Here To Read Order