Delhi HC asks DoE to review EWS circular

The plea emphasized the need to prevent discriminatory practices in the school admission process.
A view of Delhi High Court.
A view of Delhi High Court.(File Photo | Express)
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NEW DELHI: The Delhi High Court on Tuesday directed the Directorate of Education (DoE) to address a petition challenging a circular issued on November 11, 2024, which allegedly establishes separate admission timelines for children from the economically weaker section (EWS), disadvantaged groups (DG) and the general category.

The Division Bench, comprising Justices Manmohan and Tushar Rao Gedela, after hearing arguments from all parties, disposed of the plea with the instruction that the DoE resolve the petitioner’s representation within four weeks. The petition, filed by the NGO Justice for All and represented by advocates Khagesh Jha and Shikha Sharma Bagga, sought to quash the DoE’s circular, arguing that it violated the unified admission guidelines issued by the Delhi government on October 26, 2022.

The plea emphasized the need to prevent discriminatory practices in the school admission process. The petition cited provisions of the Right to Education (RTE) Act, 2009, specifically Section 15 and Clause 4(i) of the Lt. Governor’s January 7, 2011 notification, which mandate a single admission schedule for all categories. It argued that the DoE circular undermines these provisions and disproportionately impacts over 1,50,000 prospective applicants vying for 50,000 seats in private schools across the city.

Central to the petition was the allegation that the circular unlawfully exempts private schools from implementing Section 12(1)(c) of the RTE Act, which reserves 25% of seats for EWS/DG students. The NGO contended that this exemption, issued without legal authority, violates the inclusive framework of the RTE Act and the constitutional right to education guaranteed under Article 21A.

The petition argued that separating admission timelines for EWS and general categories creates procedural challenges for disadvantaged students, forcing them to rely on the general category timelines for their admissions. The plea said this practice not only breaches statutory provisions but also contradicts the core objectives of inclusive education.

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