Supreme Court Sets Aside HC Direction That Delhi Private Schools Must Fill Up Backlog EWS Seats Within 5 Years

The Supreme Court on September 1 set aside the order of the Delhi High Court that private schools should fill up the backlog seats of Economically Weaker Section (EWS) in the next five years in a phased manner(Venkateshwar Global School versus Justice For All).

Further, the Supreme Court also set aside the High Court direction that the 25% EWS category students shall be filled up on the basis of declared sanctioned strength at the entry level(Pre-school/Nursery/Pre-Primary/KG and class 1), irrespective of the actual number of students admitted in the General Category.

As regards the first direction of the High Court, a bench comprising Justices Sanjay Kishan Kaul and Justice Abhay S Oka wondered how it will be workable. Regarding the second direction, the bench observed that the High Court could not have passed the direction at an interim stage when the very same issue was the subject matter of the case.

"We are unable to appreciate how clause 4 of the impugned order dated 26.05.2022(clause 4 contained the direction to fill up backlog EWS seats) can be worked out even if the schools are at default for the earlier period of years as the same cannot be compensated in this manner by an interim order.

Similarly, the issued which has been examined by the Court is whether the 25% of seats in EWS category is being filled up on the basis of the declared sanctioned strength or actual admissions and we do believe that this cannot form subject matter of an interim order".

The Apex Court set aside the impugned order qua directions contained in paragraphs 4 and 5.

Paragraph 4 of the High Court order stated as follows :

"every endeavour shall be made by the State to ensure that the backlog of unfilled seats in private schools, both on private and government lands, 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".

Paragraph 5 of the HC order stated as follows

"The State shall ensure that the 25% seats in the EWS category students shall be filled up on the basis of 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 Supreme Court was considering special leave petitions filed against the interim order passed by a division bench of the High Court on May 26. The order was earlier stayed by the Supreme Court on July 19.