The Delhi High Court. File.
| Photo Credit: Today News 24
After a flurry of petitions from economically weaker section (EWS) students seeking to get into private schools in the city, the Delhi High Court on Friday issued a series of reforms to streamline their admission process under the Right of Children to Free and Compulsory Education (RTE) Act.
In his 85-page order, Justice Chandra Dhari Singh said, “It is high time that the judiciary reaches the people and not wait for the people to reach out to the judiciary, as poor kids are being forced in the instant set of petitions to knock the doors of the Court for availing their Fundamental Right to Education.”
The court directed private schools to ensure that any EWS student, recommended by the Delhi government’s Directorate of Education (DoE) to be admitted in an academic session, is not denied admission or treated with conduct that is unwelcoming on any pretext whatsoever, including that of suspicion of credentials.
Noting that the implementation of the provisions of the RTE Act is “in tatters”, he ordered the DoE to ensure that all students shortlisted be admitted at the earliest within one month or within the period prescribed by the appropriate authority.
It also directed the DoE to not hesitate in initiating the process of de-recognition against schools found to be indulging in any acts/omissions in contravention of the RTE Act.
He remarked that the court “cannot remain a mute spectator to the outright bulldozing of human rights by those in the noble service of imparting education, thus bringing bad name and repute to the same”.
The court was hearing a batch of petitions by EWS students seeking admission under the RTE Act in the respondent schools at the elementary level. Despite these children possessing confirmed admission letters from the DoE, the schools denied them admission.
Around 18,000 not given admission
Friday’s ruling came in light of the fact that in the past two academic years, around 18,000 children were not provided admission in the Capital under the EWS category, despite being selected in the due process by the DoE.
In the academic year 2021-22, in the nearly 40,000 seats allotted in private schools for admission of EWS category children, 28,000 were filled up.
Subsequently, in 2022-23, around 33,000 seats in private schools were set aside for EWS students, for which 27,000 children were admitted.
Justice Singh was referring to private schools which, despite directions and circulars from the DoE, have been reluctant to obey the same and have been blatantly violating the same thus, outrightly undoing the mandate and intent of the RTE Act.
“These children have committed no other crime but that they were born in poverty. This court’s conscience is laden with the woes of the poor children and their parents. The state of affairs is appalling, anguishing and agonising. It is a travesty of justice and an utter failure on the part of the State in its duties of a welfare state,” the judge said.
