EWS Category| Schools Cannot Refuse To Admit Children Shortlisted For Admission On The Basis Of Computerised Draw Of Lots: Delhi HC

The Delhi High Court has reaffirmed the rights of economically weaker section (EWS) students to education by allowing provisional admission beyond the traditional cut-off date of December 31.

The Bench of Justice C. Hari Shankar emphasized the importance of upholding the rights of EWS students to education.

"The children who are shortlisted for admission to various schools on the basis of the computerised draw of lots would be entitled as a right to such admission and the schools cannot refuse to admit them," the Court said. 

The Court noted that once a child is shortlisted for admission through a fair process like the DoE's draw of lots, schools are obligated to admit them. The Bench highlighted that schools cannot refuse admission to students who have been selected through a transparent selection process.

The case before the Court involved a Petitioner seeking admission to a school for the academic year 2023-2024. The Petitioner had been shortlisted for admission to KG/Pre-primary based on a computerised drawing of lots conducted by the Directorate of Education (DoE). Despite being shortlisted, the school declined to admit the petitioner, leading to the filing of a Writ Petition seeking a mandamus to compel the school to admit the Petitioner.

The Court referred to previous cases, including Baby Nikshita, which established that the December 31 cut-off date should not hinder the granting of provisional admission to deserving students. The Bench underscored the principle that the rights of children shortlisted for admission through a fair process must be protected, and schools cannot arbitrarily deny admission to such students. 

"Once the Division Bench of this Court in its order in Baby Nikshita, passed provisional directions for admission after 31 December had been crossed, it is no longer open to a single judge to refuse orders of provisional admission on the ground that the cut-off date of 31 December has already passed," it said. 

"The petitioner approached this Court for admission in the respondent school for 2023-2024, for which the petitioner had been shortlisted on the basis of a computerised draw of lots conducted by the DoE," the Court noted. 

The Court ordered, "The provisional admission granted to the petitioner in the Respondent 1 school is finalised and is made regular. The petitioner would continue to be educated by the Respondent 1 school as an EWS candidate in accordance with the RTE Act and would be entitled to all amenities and conveniences to which such a student is entitled such as textbooks, uniforms and the like."

Accordingly, the Court allowed the Writ Petition. 

Cause Title: Master Arpit v. Adriel High School and Anr.

Appearance:-

Petitioner: Advocates Vivek Kumar Tandon, Mamta Tandon, Prerna Tandon

Respondent: Advocates Swati Surbhi, Utkarsh Singh, Nikita Vir, Standing Counsel Santosh Kumar Tripathi,

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