The Delhi High Court said that the denial of admission by a school under the EWS/DG category even after allotment of school by the Directorate of Education (DOE), frustrates the noble objective of the Right to Education Act, 2009.
"It violates the fundamental rights of children belonging to the EWS/DG category, as enshrined under Article 21-A of the Constitution, as also undermining the object of the RTE Act, 2009", said the Delhi High Court.
The direction of Bench of Justice Mini Pushkarna has come while allowing a petition moved by a minor child seeking direction to a private school to give admission in the Economically Weaker Section (EWS)/Disadvantaged Group (DG) category.
The bench of Justice Mini Pushkarna in an order passed on February 28, 2023, said, "The present petition is allowed and it is directed that the petitioner child will continue to study under the EWS/DG category in the respondent school."
This Court also takes note of the fact that under the DG category, income is not the criteria but the only criteria is whether the child belongs to any schedule caste/schedule tribe/ other backward classes, said the Court.
"Considering the fact that the Directorate of Education (DOE) has given a report in favour of the petitioner child that he is staying with his family at the given address in Paschim Vihar, which is within one kilometre from the respondent school, which was the only objection raised on behalf of the school, it is directed that the petitioner child who is already studying in the school since June 2022, be allowed to continue to study in the said school under the EWS/DG category," said the court.
Counsel appeared for Private school submitted that the enquiry conducted by DOE is a collusive enquiry. The lawyer submitted that two families are allegedly living in the same MIG flat without payment of any rent.
"Further, even the Other Backward Classes (OBC) Certificate which was submitted on behalf of the petitioner also shows the address of the petitioner at Mundka and not Paschim Vihar, which was the latest residential address proof," the lawyer added.
"If this court is to doubt the genuineness of the exercise of scrutiny and investigation carried out by the DOE as regards the residence of children on the basis of such objections as raised by the school, then many children would be deprived of admission under the EWS/DG category. This would defeat the very purpose of the provisions of The Right of Children to Free and Compulsory Education Act, of 2009 (RTE, 2009)," the lawyer added.
The Court would accept the bonafide of the investigation and scrutiny carried out by the DOE unless some very glaring discrepancy is brought to the fore. Even otherwise, the noble object of providing good education to the economically downtrodden strata of society and bringing them into the mainstream of society, cannot be lost sight of, said the Court.
( With inputs from ANI )
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