Schools May Not Insist On Following ‘Neighbourhood Criteria’ Strictly For Admissions Under EWS Or DG Category: Delhi High Court

The Delhi High Court has said that schools in the national capital may not insist upon following the “neighbourhood criteria” strictly in cases of admission under EWS or DG category, observing that it may not be possible for the Directorate of Education to follow such a criteria while allotting seats.

“This Court notes that in the present social milieu, the demand for admission under the EWS/DG category is much higher as compared to the number of seats that are available for allotment under the EWS/DG category. Therefore, if seats in a particular school are available under the EWS/DG category, then the DOE is required to allot such schools to the applicants who have applied for admission under the said category,” Justice Mini Pushkarna said.

The court added that if seats under the EWS or DG category in the schools are allowed to go waste merely on the ground that the applicants who have been allotted the seats do not meet the neighbourhood criteria strictly, then the whole purpose of reservation of seats under the said category will be defeated.

“The court cannot be oblivious of the noble purpose with which criteria has been developed for reservation of seats under the EWS/DG category. The social purpose of reservation of seats under the EWS/DG category cannot be allowed to be lost, if such objections with regard to the applicants not meeting the neighbourhood criteria, are entertained especially when admissions under the EWS/DG category are involved,” the court observed.

It clarified that the order was being passed keeping in view the fact that the children belonging to the weaker sections of the society are to be given equal opportunities for education in good schools, so that they are able to come in the mainstream of the society.

“However, it is directed that the DOE shall make endeavour, as far as possible, to allot schools which are nearest to the residence of the students in question,” the court said.

The court was hearing a plea moved by two applicants who were allotted Principal Happy Hours School under the draw of lots conducted by Delhi Government’s DoE but were denied admission by the school. They sought direction on the school to grant them admission under EWS or DG category in Class 1.

The school took a stand that the residence of the applicants was approximately 4 kms away from the school and thus, they did not fulfil the neighbourhood criteria and could not be granted admission.

Rejecting the said contention, the court directed the school to forthwith grant admission to the two petitioners in Class 1 under the EWS or DG category.

“It is clarified that since it is the case on behalf of the respondent school that the school does not provide any transportation to the area in question where the petitioners reside, the petitioners shall make their own arrangements for travel from their residence to the school and shall not insist for providing transportation to them, in case no transportation is provided by the school to the area in question, where the petitioners reside,” the court said.

Noting that only limited seats are available for admission under EWS or DG category in schools whereas the number of applicants are far more in number than the seats available, Justice Pushkarna said:

“Therefore, while allotting seats for admission under the EWS/DG category, it may not be possible for the Directorate of Education (DOE) to follow the criteria of neighbourhood strictly. Therefore, it is held that in cases of admission under the EWS/DG category, the schools in question may not insist upon following the neighbourhood criteria strictly.”

Title: TARUN KUMAR & ANR. v. THE PRINCIPAL HAPPY HOURS SCHOOL & ORS.

Citation: 2023 LiveLaw (Del) 474

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