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Synopsis

A Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka while setting aside an impugned order of the Delhi High Court, exclaimed,

"We are unable to appreciate how clause 4 of the impugned order dated 26.05.2022 can be worked out even if the schools are at default for the earlier period of years as the same cannot be compensated in this manner by an interim order".

And was further of the opinion, that the directions so issued on a matter that was to be examined by the Court should not have been issued, since it was the subject matter of an interim order itself.

The Top Court therefore opined, "We are thus of the view that the final call will have to be taken in the main matter and it cannot be a subject matter of the nature of interim relief as granted".

For the Background: A division bench of Justice Najmi Waziri and Justice Vikas Mahajan, of the Delhi High Court in May had directed, “The State shall ensure that the 25% seats in the Economically Weaker Section (EWS) category students shall be filled up based on declared sanctioned strength at the entry-level (Pre-school/Nursery/ Pre-primary/KG and Class-I), irrespective of the actual number of students admitted in the General category.”

The Delhi High Court had noted that under the EWS category:

(i) The private schools on private land have to admit 25% of students in the EWS category for which the repayment of fees, etc. is done based on expenses incurred for a student of a government school;

(ii) The private schools on government land have to admit 25% of EWS category students at the entry level. However, reimbursement by the GNCTD is to be done for only 5% of students in this category. Expenses of education of the remaining 20% of EWS candidates are the obligation of the private schools themselves because of the condition for allotment of government land.

Thus, the High Court ordered that in instances where schools have not complied with the strict requirements of admission of EWS category students, the State has to step in and exercise its duty as a Welfare State. "No beneficiary of government land can overlook or avoid its obligation under the allotment,” Court had said.

The Court had posted the matter for further proceeding on August 4, 2022 and had directed a compliance report to be filed.

The Court, while staying the order of the Delhi High Court, remarked that the proceedings before the High Court are shocking. The court has also issued notice in the plea.

 

CASE TITLE: Venkateshwar Global School vs. Justice For All and Ors.