"There Are No Poor or Rich Dreams": How will Delhi High Court's decision on EWS admissions provide a solution

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Synopsis

‘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 capabilities’ the Delhi High Court has said while providing much needed relief to these students

In a watershed decision, a single-judge bench of the Delhi High Court recently has issued extensive directions to ensure fair admission of children from the Economically Weaker Section (EWS) and Disadvantaged Group (DG) to Delhi’s private schools.

High Court has remarked that “the private unaided recognized schools, which are vital pillars of our democratic fabric and nation-building efforts, at no point of time are allowed to slacken this movement or allow any regression in this journey of achieving the goal of educational equity”. 

Justice Swarana Kanta Sharma has issued these directions in a plea was filed by the parents of students belonging to the EWS/DG category who were denied admission to the Holy Innocents Public School (Senior Wing)

In the case before court, a problem arose when the EWS/DG Category Students, who had secured admission in the school’s junior wing under the said category, were denied admission to the senior wing because the junior and senior wings were considered two distinct entities, and the allotment made by the Department of Education (DoE) for the junior wing did not extend to the senior wing.

The high court went on to criticize the Department of Education (DoE) over its failure to provide clarity or policy to ensure smooth transitions for EWS/DG students, noting that separate IDs for admissions created unnecessary obstacles and perpetuated financial segregation.

How Will Delhi High Court’s Direction Act As A Solution?

In order to address the issues faced by students, the court directed the appointment of a dedicated nodal officer in each school to review the EWS/DG admissions, ensuring fair implementation and transparency.

Justice Sharma has further ordered the DoE to merge the school IDs within eight weeks, eliminating the hurdle which restrained students from moving to the senior wing.

By resolving the issues faced by EWS/DG students, the decision contributes to inclusivity which will eventually bridge the socio-economic divide in education system ','All the stakeholders must ensure that there is a seamless merger of EWS and Non-EWS students in the Schools.’’

Additionally, the court highlighted the language barrier and ordered the authorities to ensure that circulars, notices and instructions related to admissions under the EWS/DG category should be provided in both English and Hindi. It further directed that schools must create a clear schedule regarding the date and time at which each student should report for admission.

Impact of Court's Direction

The court's intervention is expected to promote educational equity by ensuring children from financially weaker or poorer backgrounds have the opportunity to attend private schools.

These directions are a path-breaking step towards reform, which ensure that every student receives equal opportunities regardless of their category

It is also a conscious effort to level the playing field and ensure that every child, regardless of their economic status, can dream, aspire, and achieve.

Para 19 of the instant order is of stellar significance as it states that ''It is this holistic vision of education that the Right of Children to Free and Compulsory Education Act, 2009 seeks to fulfil by ensuring that quality education is not a privilege of the few but a fundamental right accessible to all, regardless of economic status.''