Delhi High Court Asks DoE To Consider Framing Guidelines To Correct Typographical Errors In EWS Admission Forms

The Delhi High Court has asked the Delhi Government's Directorate of Education (DoE) to consider framing guidelines to correct the typographical errors in admission forms committed by those applying for admissions under the EWS category in private unaided schools.

Justice Swarana Kanta Sharma observed that a persons applying for admission under EWS category hail from disadvantaged strata of society and may commit typographical errors as many of them may not be highly educated or technologically proficient or cyber-literate.

The Court said that such mistakes, especially those resulting due to typographical errors, have the potential of depriving candidates of their lawful right of getting admission in the school allotted to them through a draw of lots.

“This Court urges the DoE to explore and consider framing appropriate guidelines or taking remedial measures to ensure that such errors may be corrected upon moving an appropriate application before the Director, DoE which may be corrected in deserving cases,” it said.

Justice Sharma was dealing with a plea filed by a girl who had applied for admission in nursery class in a private unaided school under EWS category. While submitting the application, a clerical error had occurred the names of her grandparents had been mistakenly entered instead of the names of her parents. 

It was her case that despite allotment by DoE, the school had refused to admit her, citing the clerical error in the application form.

The Court said that the private unaided school was bound to adhere to the guidelines and circulars issued by DoE and that it did not have any authority or power to change the particulars which were filled originally by the candidate for the purpose of draw of lots.

“This Court having considered the aforesaid is of the opinion that admission should not be denied to the petitioner herein, who has been allotted the respondent School by the DoE, pursuant to computerized draw of lots. It is also undisputed that the only impediment in granting admission to the petitioner is the clerical mistake in the admission form, as discussed hereinabove, whereas all the other conditions have been fulfilled and the documents are in order,” the Court said.

It requested the DoE to ensure that the clerical mistake in the admission form of the minor girl be corrected. The Court also directed the school in question to ensure that the girl is granted admission.

Counsel for Petitioner: Ms. Aakansha Kaul and Ms. Rhea Borkotoky, Advocates

Counsel for Respondents: Mr. Karn Bhardwaj, ASC, GNCTD with Mr. Shubham Singh, Mr. Rajat Gaba and Mr. Saurabh Dahiya, Advocates for R-2/DoE

Title: BABY ISHITA RAWAT v. ADARSH PUBLIC SCHOOL & ANR.

Citation: 2024 LiveLaw (Del) 1101

Click here to read order