Free Education May Be Availed At Govt School; Can't Force State To Pay Private School Fees Of Children Orphaned Due To Covid: Delhi High Court

The Delhi High Court today expressed reservation over compelling the Government to pay private school fees for children, orphaned during Covid-19 pandemic. It opined that such children may be shifted to a Government school instead, for availing free education under Article 21-A of the Constitution.

"They (Government) also have their limitations...It may be very far-fetched to ask them to pay the fees of a private school..." Justice Rekha Palli remarked.

The Court was hearing a petition filed by Yasmin Kataria (minor), who lost her sole bread-earning parent to Covid-19 allegedly due to deficient supply of oxygen at Jaipur Golden Hospital in the national capital. The plea is filed though her mother.

She has sought the announcement and expeditious implementation of schemes for fully-State-funded education for children like herself, who are studying in private schools and have lost the sole bread earning member of the family due to shortage in oxygen supply, or due to Covid-19. She has also prayed for the government to ensure that there is no prejudice to their right to education on account of non-payment of school fees.

Advocate Bharat Malhotra appearing for the Petitioner today pressed an application for payment of Yasmin's school fees. He made two-fold arguments: (i) the procedure for applying for Delhi Government's scheme for payment of Rs. 2500/- per month to the affected children is extremely complex; (ii) the said amount is not sufficient to cover the child's expenses.

"Free education can't be in every school. They are willing to give you admission in a Govt school but that you don't want," Justice Palli told the counsel.

Malhotra then cited a GO issued by the Delhi Government on August 19, 2021, directing all DDE (Deputy Director of Education) districts to ensure that children orphaned due to Covid-19 are able to continue their education. For this purpose, they may either be adjusted in schools running on DDA/ Government allotted lands or may be treated as students studying under the EWS (Economically Weaker Section) category.

Accordingly, it was urged that the Petitioner-child may be treated as a EWS category student.

The Court has now asked the Petitioner to approach the school by moving an appropriate application annexed with the above GO.

Meanwhile, other Respondents have been granted time to file their counter affidavits.

Matter is posted for hearing on October 6.

Case Title: Yasmin Kataria & Anr v GNCTD & Ors.