[EWS Quota] “Miserable state of affairs in implementing RTE Act”: Delhi HC

Observing the miserable state of affairs prevalent in Delhi on the implementation of the Right to Education Act (RTE) at elementary-level schools, Justice Chandra Dhari Singh of the Delhi High Court on Friday directed all schools to ensure that all students are shortlisted and notified for admission to a neighborhood school within one month.

“In view of the aforesaid analysis as well as to alleviate and ameliorate the miserable state of affairs as prevalent in the NCT of Delhi qua implementation of the RTE Act at the elementary education level, it is pertinent to exercise the powers of this Court under Article 226 of the Constitution to issue directions to the DoE for ensuring admission to the poor children belonging to weaker sections”, the court said in the order.

Justice Singh also said, “Charity by way of giving food to a person is a great deed, but giving vidyā (education) is even better since the satisfaction (obtained) from consuming food is momentary, but that (obtained) from vidyā lasts a lifetime.”

“While we rejoice the Azaadi ka Amrit Mahotsav, on the occasion of the 75th Anniversary of Indian Independence of liberty from the clutches of colonialism, it is an occasion to relish as well as retrospect. We achieved political independence in 1947, but social and economic independence still evades us”, he added.

The court was hearing a batch of petitions seeking admissions of students under the Economically Weaker Section (EWS) category in the Delhi schools at the elementary level.

The students from the EWS category were given letters by the Department of Education (DoE), Government of NCT of Delhi confirming their admission to the respective schools in Delhi under the Scheme of the RTE Act. Despite the children possessing confirmed admission letters from the DOE, the schools refused to give them admission.

The counsel for the petitioners stated that the school gates were literally shut in the faces of the shortlisted students and their parents. “As a custodian of the Constitution, this Court cannot stand by and watch as those in the noble service of imparting education bulldoze human rights, bringing a bad name and repute to the same”, the counsel contended.

Justice Singh opined that it’s high time that the judiciary reaches the people and does not wait for the people to reach out to the judiciary, as the poor kids are being forced to knock on the doors of the Court for availing their Fundamental Right to Education.

Accordingly, the single-judge bench directed:

• All schools to ensure that the provision of the RTE Act is given effect in letter and spirit.
• All schools to ensure that no student belonging to the "Weaker Sections" as defined in the RTE Act and recommended by the DoE for admission in an Academic Session is denied admission or treated in an unwelcoming manner on any pretext.
• Any exemption/waiver required by schools under the provisions of the RTE Act in the most exceptional and unforeseen circumstances can be obtained by submitting a request to the DoE in accordance with the scheme.
• In the case of erring schools, the DoE shall issue strict directions as necessary to ensure the timely implementation of the RTE Act.
• The DoE shall not hesitate to initiate the process of de-recognition of schools found to be in violation of the RTE Act and the Delhi RTE Rules.

Furthermore, the court directed the DoE to conduct necessary screening and mandate the submission of necessary documents in order to authenticate the credentials of the child and his/her parents and to verify the facts regarding eligibility while shortlisting, allocating, and notifying candidates who are found fit for admission to respective neighborhood schools under the EWS quota. 

Case Title: Rameshwar Jha v. The Principal Richmond Global School & Ors. (a batch of connected matters)