Carrying Forward Of Unfilled EWS/DG Vacancies To Next Class In Subsequent Year Does Not Violate RTE Act: Delhi High Court

The Delhi High Court on Monday ruled that carrying forward of unfilled EWS or DG vacancies by a school to next class in subsequent year does not infracts or violate the Right to Education Act or any other legal provision.

“Admitting of EWS/DG students to the extent of at least 25% of the strength of its entry level class is the statutory obligation of every school which falls within Section 2(n)(iv) of the RTE Act. If a School defaults, there is nothing illegal in directing it to make up the deficit in the next higher class in the next year,” Justice C Hari Shankar said.

The court said that is a matter of considerable regret that almost on a daily basis, it is encountering cases in which schools and the Directorate of Education (DoE) are at odds on the aspect of admission of students belonging to EWS.

“In most such cases, the school is unwilling to admit EWS students against “carry forward vacancies” of previous years, which remained unfilled,” the court said.

It relied upon a decision of the division bench in Siddharth International Public School v. Motor Accident Claim Tribunal wherein it was held that unfilled EWS or DG category vacancies of a particular year can be carried forward to the next class in that school for the next year, and would be required to be filled accordingly.

Justice Shankar said that as long as the said position remains undisturbed, it would not be open to any school to contend, at least before a Single Judge, that unfilled EWS or DG backlog vacancies of a particular year cannot be directed to be filled in the next year in the next class.

“In other words, for example, unfilled KG/pre-primary EWS/DG vacancies in a particular year would have to be filled by the concerned school by admitting a corresponding number of EWS/DG students in Class I in the next year. Any school, refusing to do so, would expose itself to appropriate action in accordance with the DSE Act and the DSE Rules,” the court said.

The court made the observations while dealing with a plea moved by mother of a 5 year old girl who was denied admission in KG or Pre-Primary class under EWS/DG category thrice for the academic sessions 2021-2022, 2022-2023 and 2023-2024.

Allowing the plea, the court directed that the girl shall continue to study as an EWS student in Class I in the school in question till the end of the present academic year.

It further directed the DOE to ensure that the girl is admitted to Class II in one of the neighbourhood schools in 2024-2025 as an EWS or DG candidate, and continues to receive education in the said school till the age of 14, as per the provisions of the RTE Act.

“The DOE shall bear the fees for education of Amitanjali in accordance with the RTE Act,” the court said.

It added: “While this is all that the Court can do for Amitanjali in the present case, the Court holds that the principle of carry-forward of unfilled EWS/DG category vacancies in a particular class in one year, to the next class in the next year in the same school, is legal and valid, as has already been held by the Division Bench in Siddharth International Public School.”

Counsel for Petitioner: Mr. Aayush Agarwala and Mr. Siddham Nahata, Advocates

Counsel for Respondents: Mr. Namit Suri, Mr. Rameezueedin Raja, Ms. Purnima Singh and Ms. Tanya Sharma, Advocates for R-2

Title: ANAJALI PANDEY v. GOVT OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 110

Click Here To Read Order