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Synopsis

In a significant move, the Delhi High Court on Tuesday ordered the Delhi government to reconsider the income threshold for availing reservations under the Economically Weaker Sections (EWS) quota in private schools.

Justice Purushaindra Kumar Kaurav urged the government to align the threshold with existing living standards, suggesting an increase from Rs. 1 lakh per annum to an amount reflective of contemporary economic conditions.

Until the assessment is conducted, the court mandated an interim increase to Rs. 5 lakhs, noting that several states have already set the limit at Rs. 8 lakhs.

Justice Kaurav expressed concern that the current Rs.1 lakh threshold does not accurately represent the economic challenges faced by families in modern times.

The court observed that this situation compels common people to resort to unfair means to secure admission for their children, emphasizing the need for a dynamic adjustment to economic structures.

Presently, a child is eligible for an EWS reservation if their parents have a total income of less than Rs. 1 lakh per year and have resided in Delhi for the last three years.

The court criticized the state authorities for their apathy and lackadaisical approach in safeguarding the educational rights of economically weaker sections, considering it a breach of the fundamental right to education.

In addition to reviewing the income threshold, the court directed the Delhi government to eliminate the self-declaration mechanism under the rules and implement an appropriate framework for the continuation of free seats in schools.

The court highlighted the potential chaos that could arise from inquiries into admissions based on self-declarations and ordered the government to ensure the Directorate of Education verifies admissions for EWS eligibility.

The court instructed the Directorate of Education to formulate a standard operating procedure for income verification and ongoing monitoring of eligibility criteria.

The case that led to this direction involved the cancellation of a student's admission due to his father's forged voter IDs and false income declaration. While the court acknowledged the established wrongdoing by the father, it ruled that the child should not suffer for his father's misdeeds.

The child's admission was allowed to remain undisturbed, categorized under the General Category. However, the father was penalized with a Rs. 10 lakh fine, considering his income and financial activities. Failure to pay would result in the child's admission being deemed canceled.

The court underscored the need to revisit the income criterion for EWS reservation, particularly pointing out that even the children of unskilled laborers in Delhi, earning Rs. 17,494 per month, are not entitled to EWS admissions.

Stressing the expectation for governments to respond to changing societal needs, the court rejected a proposed increase of the threshold from Rs. 1 lakh to Rs. 2.5 lakh per year, deeming it insufficient to address the prevailing challenges in Delhi schools.

Case Title: Master Singham v. Directorate of Education & Anr.