"There Are No Poor Or Rich Aspirations": Delhi HC Issues A Slew Of Directions For EWS/DG Admissions In Private Schools

The Delhi High Court has issued a slew of directions aimed at streamlining the admission process for students under the Economically Weaker Section (EWS) and Disadvantage Group (DG) quota in private schools across the national capital.

The Single-Judge Bench of Justice Swarana Kanta Sharma ordered that each school appoint a dedicated nodal officer to oversee the admission process for students under the EWS/DG category.

Highlighting that there are no poor or rich aspirations, the Court remarked, "There are no poor or rich dreams, nor are there poor or rich talents. Similarly, there are no poor or rich expectations from the community and the government."

"This Court believes that the dreams of those who are financially weaker and labelled as poor by society should not be presumed to be lesser in their capacity or capability. Likewise, those who are not financially poor are not different in their aspirations. All children, regardless of their economic background, may share the same dreams they wish to pursue," the Bench said.

The Court emphasized that this officer should act as the primary point of contact for parents and guardians, providing clear guidance and assistance throughout the admission process. The Court further directed that the contact details and office hours of the nodal officer be prominently displayed both at the school's entrance and on the school's official website.

The Court passed the following guidelines to ensure that such issues do not arise in the future between children, parents, and schools, and to ensure a more respectful, accessible, and efficient admission process for EWS/DG category students:

1. Appointment of a Nodal Officer: Every private unaided recognized school in Delhi shall appoint a dedicated Nodal Officer responsible for overseeing the admission process of students under the EWS/DG category. This officer shall serve as the primary point of contact for parents and guardians, ensuring that they receive clear guidance and assistance throughout the admission process. Information about the Nodal Officer, including their contact details and office hours, must be prominently displayed at the school's entrance and on the school's official website.

2. Addressing Language Barriers: Recognizing the language barriers faced by many parents of EWS category students, it is important that circulars, notices, instructions related to admissions under the EWS/DG category be provided in both English and Hindi.

3. Preparation of an Admission Schedule of EWS/DG category students: a) All the private unaided recognized schools of Delhi are directed to prepare a clear admission schedule following the allotment of students by the Directorate of Education (DoE) pursuant to the computerised draw of lots, as mentioned in the succeeding directions.

b) In accordance with the judgment in Rameshwar Jha (supra), schools have a seven-day window to address any concerns regarding the number of students allotted. To streamline the admission process of EWS/DG category students, schools shall create a schedule that specifies the date and time each student is required to report for admission, distributing the total number of students evenly over the designated period, within the aforesaid seven-day period.

c) The admission schedule should also include a comprehensive list of all documents that parents are required to bring for the admission process.

d) This admission schedule must be displayed, either prominently in the school premises or at the office/room of Nodal Officer, to be appointed in each school, and be made available in both Hindi and English for the convenience of parents.

e) This schedule should be clearly communicated and made accessible to ensure that parents are fully prepared and they do not face unnecessary delays or complications during the admission process.

"The DoE is directed to ensure that these directions are circulated among all the private schools in Delhi, wherever the admissions are granted to students under EWS/DG category as per computerized draw of lots, and that the same are complied with in letter and spirit," the Bench directed.

These directions were issued in response to a plea filed by parents of EWS/DG category students who were denied admission to the senior wing of Holy Innocents Public School, despite securing admission in the junior wing under the EWS quota. The school argued that it would allow the petitioner students to continue their education if the junior and senior wings were merged, leading to the Court's order.

The Single-Judge highlighted the importance of creating a clear and specific schedule for EWS/DG admissions, specifying the date and time for each student's report to the school. "This Court believes that the dreams of those who are financially weaker and labeled as poor by society should not be presumed to be lesser in their capacity or capability. Likewise, those who are not financially poor are not different in their aspirations. All children, regardless of their economic background, may share the same dreams they wish to pursue," the Court said in its order dated August 22.

Additionally, the Court also directed the Delhi government’s Department of Education (DoE) to merge the School Identification Numbers (IDs) of junior and senior wings operated by the same educational societies. Currently, students admitted to a school’s junior wing under the EWS quota must undergo a separate admission process for the senior wing, even when both wings are part of the same institution. It questioned the rationale behind maintaining separate School IDs for junior and senior wings when both are managed by the same society. The Court ordered the DoE to complete the merging of these IDs within eight weeks.

The Bench stated that these measures will go a long way in simplifying the admission process for underprivileged families, many of whom may have limited educational backgrounds or face language barriers. "The successful implementation of these directions is essential to uphold the rights of EWS/DG category students and to ensure that their access to education is not hindered by avoidable procedural challenges," it added.

Furthermore, the Court said that the children belonging to EWS/DG category should never be made to feel that their more advantaged peers are cared for or respected more. "The State must also ensure that the children do not feel that the State does not care for them at no point in time, a child‟s self-respect should be hurt. Therefore, all the stakeholders must ensure that there is a seamless merger of EWS and Non-EWS students in the Schools, which is the spirit of RTE Act," the Court said.

Cause Title: Gunjan as Guardian of Pihu v. Govt. of NCT of Delhi & Anr & other connected matters [Neutral Citation: 2024: DHC: 6326]

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