Delhi High Court Issues Directions For 'Accessible' EWS/DG Category Admissions In Private Unaided Recognized Schools

The Delhi High Court on Thursday issued a slew of directions to ensure “respectful and accessible” admissions of students in all private unaided recognized schools under the EWS/DG category in the national capital.

Justice Swarana Kanta also directed all the stakeholders to ensure that there is a seamless merger of EWS and non-EWS students in the schools, as per the spirit of Right to Education Act.

The court directed that every private unaided recognized school in Delhi shall appoint a nodal officer responsibke for overseeing the admission process of students under the EWS/DG category.

It said that the nodal officer will serve as the primary point of contact for parents and guardians, ensuring that they receive clear guidance and assistance throughout the admission process.

“Recognizing the language barriers faced by many parents of EWS category students, it is important that circulars, notices, instructions related to admissions under EWS/DG category be provided in both English and Hindi,” the court said.

Other directions are as follows:

- All the private unaided recognized schools of Delhi are directed to prepare a clear admission schedule following the allotment of students by the Directorate of Education (DoE) pursuant to the computerised draw of lots.

- To streamline the admission process of EWS/DG category students, schools shall create a schedule that specifies the date and time each student is required to report for admission, distributing the total number of students evenly over the designated period, within the aforesaid seven-day period.

- The admission schedule should also include a comprehensive list of all documents that parents are required to bring for the admission process.

- This admission schedule must be displayed, either prominently in the school premises or at the office/room of Nodal Officer, to be appointed in each school, and be made available in both Hindi and English for the convenience of parents.

- This schedule should be clearly communicated and made accessible to ensure that parents are fully prepared and they do not face unnecessary delays or complications during the admission process.

- To serve and achieve the larger goal of the RTE Act, in Delhi, it is directed that the different School Identification Numbers, assigned to the Junior Wing and Senior Wing of the same schools, run by the same educational societies, in Delhi, be merged / consolidated into one single School Identification Number, by the DoE.

The court was dealing with a batch of pleas raising the issue of difficulties faced by parents and students while seeking admission under the EWS/DG category.

Justice Sharma said that the Court is confronted, day in and day out, with multiple petitions raising the issue of non-promotion of EWS/DG category students from the Junior Wing to the Senior Wing of the same School run by the same educational society and the refusal of the School to promote them due to different school identification numbers assigned to the different Wings of the same School by DoE.

The court recognized that children from the EWS/DG categories are at a significant disadvantage when it comes to availing legal remedies to overcome such challenges.

It said that providing two school identification numbers to the same school's junior and senior wings, being managed and run by one identical society, only creates confusion and the same has not contributed towards achieving the ends that RTI Act was enacted to achieve.

“This also results in students of the school rushing to the Court, due to the confusion that a student who has been legally allotted the Junior wing of the school under EWS/DG category is not certain that the school in question will promote him and let him continue the studies in the Senior wing. This has to be stopped in the larger interest of the society and the children,” it said.

Furthermore, Justice Sharma said that the measures will go a long way in simplifying the admission process for underprivileged families, many of whom may have limited educational backgrounds or face language barriers.

“The successful implementation of these directions is essential to uphold the rights of EWS/DG category students and to ensure that their access to education is not hindered by avoidable procedural challenges,” the court said.

Counsel for Petitioners: Mr. Raghavendra Mohan Bajaj, Mr. Shagun Agarwal, Mr. Sajal Awasthi, Mr. Aayush Agarwala, Mr. Anuj P. Agarwala, Mr. Kunj Mehra, Ms. Mallika Luthra, Mr. Nilesh Kumar, Mr. Prakash Jha, Mr. Rahul Bajaj, Mr. Amar Jain, Ms. Aditi Gupta, Mr. Arkaneil Bhaumik, Ms. Rupam Jha, Mr. Adhishwar Suri, Ms. Suparna Jain, Ms. Ibansara Syiemlieh and Mr. Dushyant Kaul.

Counsel for DoE: Mr. Santosh Kumar Tripathi, SC Civil GNCTD with Mr. Divyam Nandrajog and Mr. Utkarsh Singh

Counsel for Holy Innocents Public School: Mr. Sanjay Sehgal and Mr. Shivesh Sehgal

Title: GUNJAN AS GUARDIAN OF PIHU v. GOVT OF NCT OF DELHI & ANR. and other connected matters

Citation: 2024 LiveLaw (Del) 927

Click Here To Read Order