Shivank Mathur v. Directorate of Education & Anr.

27 AND + W.P.(C) 16300/2022 ADVI SHARMA..... Petitioner Through: Mr. Arkaneil Bhaumik, Mr. Rayadurgam Bharat, Mr. Amol Acharya, Advocates for Dr. Amit George, Advocate (M:9643484092)

VERSUS

DIRECTORATE OF EDUCATION & ANR...... Respondents Through: Mr. Santosh Kumar Tripathi, SC (C) GNCTD with Mr. Tapesh Raghav, Mr. Utkarsh Singh, Mr. Praduman Rao, Mr. Kartik Sharma, Ms. Mehek Rankawat, Advocates for DOE (M:9129829862) CORAM: HON'BLE MS.

JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing] MINI PUSHKARNA, J. (ORAL):

1. The present writ petitions have been filed seeking admission under the Economically Weaker Section (EWS) Category.

2. Attention of this Court has been drawn to the allotment letter as issued by Department of Education, Govt. of NCT of Delhi (DOE, GNCTD). It is submitted that despite the petitioners being successful in the draw of lots and allotted schools by the DOE, admission under the EWS category has not been granted to the petitioners.

3. Mr. Santosh Kumar Tripathi, Ld. Standing Counsel (Civil) GNCTD appearing for DOE submits that in the present case, respondent No.2 School was allotted 8 EWS/Disadvantaged Group (DG) category students selected in the computerised draw of lots for classes K.G./Pre-Primary for the academic session 2022-2023. It is submitted that as per information, out of the 8 allotted candidates, respondent No.2 School has not admitted any of the allotted candidates.

4. Mr. Vivek Agarwal, Advocate appearing for respondent No.2 School on the other hand submits that the school was not doing well. Strength of the school is only approximately 164 students. Thus, he submits that it was not possible for the school to admit EWS category students. He further submits that since the admission to the General Category students was not to the full capacity, therefore, admission under the EWS category was not granted accordingly.

5. This Court has heard the ld. Counsels for the parties.

6. Since the petitioners have already been allotted the respondent No.2 School, therefore, as per the mandate of Section 12(1)(c) of The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009), respondent No.2 School is bound to give admission to the petitioners. Any deliberate attempt by any school to not grant admission to children under the EWS/DG category, has to be thwarted, once school has been allotted by the DOE. The contention of the respondent No.2 school that the admission under the General quota was not to the full capacity, is no ground for not giving admission under the EWS/DG category. The admission to EWS/DG category is not dependent upon the number of children admitted under the General quota. Therefore, respondent No.2 school was obliged to admit students under the EWS/DG category once allocation of the schools have been duly made by DOE after following the due procedure.

7. The DOE is the Regulatory Authority over the private unaided schools recognised upto Secondary and Senior Secondary level by it, under the provisions of Section 4 of The Delhi School Education Act, 1973 read with Rule 50 and 51 of The Delhi School Education Rules, 1973 (DSEAR, 1973). The schools as recognised by the DOE are required to comply with the provisions of the said Acts and Rules framed thereunder as well as the guidelines and directions issued by the DOE from time to time, including the provisions of the RTE Act,

2009.

8. The respondent school being a private unaided school recognised by the DOE, is bound to comply with the lawful directions/instructions/orders issued by the DOE under the provisions of DSEAR, 1973 and RTE Act, 2009, from time to time.

9. As per Section 12(1)(c) of the RTE Act, 2009, all the private unaided recognised non-minority schools are required to give admission to the children belonging to weaker section and disadvantaged group in the neighbourhood to the extent of atleast 25%o of the strength of that class and to provide free and compulsory elementary education till its completion.

10. It is to be noted that to maintain uniformity in EWS/DG category admission process at entry level classes in respect of all private unaided recognised schools (except the minority schools), the DOE has been conducting online admission process from the academic session 2016-17 onwards. Thus, when schools are allotted to children under the EWS/DG category after selection through computerised draw of lots, non-grant of admission to children under the said category is utter violation of the spirit of RTE Act, 2009.