Delhi High Court Modifies Single Judge Order; Increases Income Threshold For EWS Admissions From ₹1 Lakh To ₹2.5 Lakh

The Delhi High Court on Tuesday modified a single judge's order that increased the income threshold of Rs. 1 lakh per annum, for admissions under Economically Weaker Section (EWS) category in schools in the city, to Rs. 5 lakhs.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora stayed the directions of the single judge and said that the threshold income under the EWS category shall be increased from Rs. 1 lakh to Rs. 2.5 lakhs, till further orders.

“Till further orders, there shall be a stay on the directions in paragraph 119 of the impugned judgment,” the court said while dealing with an appeal filed by the Delhi Government.

The single judge passed the impugned judgment in December last year. The income threshold was increased to Rs. 5 lakhs, till an amendment is made by Delhi Government in the 2011 reservation scheme.

The single judge had directed the Delhi Government to take a decision as expeditiously as possible to increase the existing threshold income of Rs. 1 lakh per annum to a “commensurate amount” which corresponds to the living standards of the intended beneficiaries of the scheme in the city.

Even though the Director of Delhi Government's Directorate of Education (DoE) proposed to increase the threshold from Rs. 1 lakh to Rs. 2.5 lakh per annum, the single judge had said the proposed increase also does not seem to ameliorate the miserable situation prevailing in the schools in Delhi.

The judgment was passed by the single judge while dismissing a petition moved by minor boy against cancellation of his admission from a private school based on his fraudulent birth certificate and an income certificate of his father obtained by misrepresentation of his actual income.

It had dismissed the petition with Rs. 10 lakhs costs on the father in lieu of continuation of the minor's admission, observing that it was obtained under the EWS category by illicit means and depriving a deserving candidate.

However, the court had ordered that the minor's admission shall remain undisturbed but his continued education shall be recognized under the General Category in place of EWS category.

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

Citation: 2024 LiveLaw (Del) 263