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Synopsis

The Delhi High Court, on Thursday, passed extensive directions for efficient admission of Economically Weaker Section (EWS) or Disadvantaged Group (DG) category students in private unaided recognized schools.

The court made such observations in a petition filed by parents of numerous students who were denied admission from the junior wing into the senior wing citing a change in the school’s unique ID after they were granted admission through the Department of Education’s (DoE) computerized draw of lots. 

The bench of Justice Swarana Kanta Sharma criticized the DoE over its failure to provide clarity or policy to ensure smooth transitions for EWS/DG students, noting that separate IDs create unnecessary obstacles and perpetuate financial segregation.

Minor children were admitted to the Junior Wing of Holy Innocents Public School in Janakpuri under the EWS/DG category, after a computerized draw of lots by the DoE, and faced challenges when promoted to Class 1. The Senior Wing of the same school in Vikaspuri refused to admit them due to different School IDs assigned by the DoE. The parents sought court intervention to secure admission for their children and enforce their right to education under Article 21A of the Constitution of India.

The court noted the conduct of the school and 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”. 

The court noted that these petitions highlighted the challenges faced by parents and children from the EWS/DG category and the necessity for private educational institutions to be more responsive and sensitive to the specific needs of these children and their families.

The court held that these schools must fulfill their obligations to create an inclusive and supportive environment for all students, especially those from disadvantaged backgrounds. Therefore, the court passed the following directions to DoE to be implemented in all private schools: 

• Appointment of a Nodal Officer: Each private unaided recognized school in Delhi must appoint a Nodal Officer to oversee the admission process for EWS/DG category students. This officer will be the primary contact for parents, providing guidance and assistance. Contact details and office hours of the Nodal Officer must be displayed at the school entrance and on the school’s website.
• Addressing Language Barriers: To accommodate parents who face language barriers, all circulars, notices, and instructions related to EWS/DG category admissions must be provided in both English and Hindi.
• Preparation of an Admission Schedule:
  • Schools must prepare a clear admission schedule following the DoE’s allotment of students. 
  • Schools have a seven-day period to address concerns about student numbers, and during this time, they should schedule student admissions evenly.
  • The admission schedule must include a list of required documents and be displayed prominently in both Hindi and English.
  • The schedule should be communicated clearly to ensure parents are well-prepared and avoid delays during the admission process.

“Quality education is not a privilege of the few but a fundamental right accessible to all, regardless of economic status”, the court emphasized. The court remarked that Article 21A marked a significant milestone in the nation’s commitment to equality and the realization of fundamental rights by guaranteeing the right to education to every child. The RTE Act brought to life the mandate of Article 21A.

The court also passed the following directions: 
“i. To serve and achieve the larger goal of the RTE Act, in Delhi, it is directed that the different School Identification Numbers, assigned to the Junior Wing and Senior Wing of the same schools, run by the same educational societies, in Delhi, be merged / consolidated into one single School Identification Number, by the DoE. 
ii. The said process shall be completed by DoE within a period of 08 weeks from passing of this judgment. 
iii. The DoE shall intimate the concerned Schools, where the aforesaid directions are applicable, about the directions passed in this judgment within 01 week. 
iv. If any School is aggrieved by the action of DoE, of merging of the School IDs to the Junior Wing and the Senior Wing, the School shall be at liberty to file a representation in this regard before the DoE within a period of 04 weeks from passing of this judgment. 
v. The representation filed by any school in this regard shall be decided by the DoE within a period of 02 weeks from receipt of such representation. A compliance report, qua the above directions, shall be filed positively by the DoE before this Court, after conclusion of the period of 08 weeks”. 

Case Title: Gunjan as Guardian of Pihu v Govt Of NCT