Read Time: 05 minutes

The Delhi High Court has recently ordered the Delhi Government to make every endeavor to ensure that the backlog of unfilled EWS seats in private schools, is filled-up in the next five years in a phased manner; i.e., 20% of the vacancies each year, in addition to the mandated annual 25% intake.

A division bench of Justice Najmi Waziri and Justice Vikas Mahajan 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 Standing Counsel for the State Government informed the court that 132 private schools are prima facie found to be violating the direction of the government apropos admission of students in the EWS category and notices in this regard have been issued to them.

It was further submitted that seats in the EWS category are to be filled up to the fullest at the “entry-level” but some of the schools have not been admitting EWS students for the last decade or so.

Court 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 of 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, 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 said.

“A compliance affidavit to be filed before the next date,” added the court posting the matter for further proceeding on August 4, 2022.

Case Title: Justice for all and Anr. v. Venkateshwar Global School and Ors.