Denial Of Admission Under EWS Category Even After Allotment Of School Violates Fundamental Rights Of Children: Delhi HC

The Delhi High Court has held that denial of admission by a school under the Economically Weaker Section (EWS)/Disadvantaged Group category even after allotment of school, frustrates the objective of the Right to Education Act, 2009 and violates the fundamental rights of children.

The bench of Justice Mini Pushkarna made this observation while dealing with a plea by a minor child who sought admission in the Economically Weaker Section (EWS)/Disadvantaged Group category.

“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.”, the Court noted.

Advocate N. K. Upadhyay appeared for the petitioner whereas Advocate Kamal Gupta appeared for the Respondent. Advocate Santosh Kumar Tripathi appeared for DOE.

In this case it was the objection on behalf of the school that the petitioner’s residence was not within the distance of 0-1 km radius and hence, he was not eligible for admission to the school.

The Court observed that it cannot go into any fact finding mission as regards the objections raised by the school with respect to residence of the children in question. “This Court cannot go into any fact finding mission as regards the objections raised by the school with respect to residence of the children in question. Even otherwise, OBC/Scheduled Caste/Tribe Certificate is never considered as a proof of residence.”, the Court noted.

The Court relied upon the report submitted by the DOE with respect to the petitioner’s place of residence providing that the child was staying in the vicinity of the school. “The Court would accept the bonafides of the investigation and scrutiny carried out by the DOE unless some very glaring discrepancy is brought to the fore.”, the Court held.

“Considering the fact that the DOE has given a report in favour of the petitioner child that he is staying with his family at the given address in Paschim Vihar, which is within one kilometre from the respondent school, which was the only objection raised on behalf of the school, it is directed that the petitioner child who is already studying in the school since June, 2022, be allowed to continue to study in the said school under the EWS/DG.”, the Court held while allowing the plea.

Cause Title-  Minor v. Indraprastha World School & Anr. (Neutral Citation Number- 2023/DHC/001525)

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