Denial Of Admission To Any Child After Seat Allotment By Directorate Of Education Violates Objectives Of RTE Act: Delhi High Court

The Delhi High Court has observed that denial of admission to any child once allotment of seat is done by the Directorate of Education (DoE) would be in violation of the objectives which the Right to Education Act seeks to achieve.

Justice Purushaindra Kumar Kaurav said that once an impression of legitimate expectation of admission is triggered in the minds of students who successfully find their names post draw of lots, it is for the Constitutional Courts to protect their interests and free them from the “shackles of procedural convolutions in order to meet the ends of justice.”

The court said that imparting of education by an un-aided private institution falls within the definition of public duty. Thus, the corresponding breach of such duty has to be redressed while exercising writ jurisdiction, it added.

The court was dealing with a plea moved by a boy through his father who was selected for admission in Class I in EWS category in a private unaided school but was denied it when he went to secure his admission.

He was found entitled for admission by the DoE via draw of lots conducted on May 31 was allotted the private school. It was his case that he visited the school for more than six-seven times but was never allowed to enter the school premises and was returned by the security staff.

Finding the petition maintainable against the private school, Justice Kaurav noted, with dismay, that the reply furnished by the school did not reveal any satisfactory ground as to why no entry was given to the boy despite several visits.

The court said that the stakeholders involved in the admission process of students, especially those who belong to the weaker sections of the society including EWS or DG category, are expected to ensure that any impression which may allude to any discriminatory treatment, either intentional or systemic, is not created in the minds of students or parents seeking admission.

“Undeniably, the right of the petitioner to be admitted in a private school in the EWS category essentially flows from the Constitution alongwith the statutory mandate envisioned in the RTE Act. A fundamental right, especially when it unequivocally accrues in favour of a citizen, cannot be tossed out on the pretext of procedural grounds or on the grounds of inconvenience,” the court said.

It added that RTE Act is a “remarkable feat” in reinforcing Indian democracy's commitment to equality of opportunity and the same paves an egalitarian path for all the students to follow, irrespective of their financial dynamics.

The court directed school in question to allow the petitioner boy to complete the admission formalities by August 27, adding that any deviance or non-compliance by the school, will be dealt with sternly.

Furthermore, the court directed the Secretary of Delhi Government's Department of Education to initiate an inquiry to ascertain who was at fault in creating an anomaly, wherein, the seat came to be allotted to the boy.

“The Secretary, Department of Education, GNCTD shall place on record the steps, if any, taken by the department to impart suitable sensitization training to the teaching and non- teaching staff of the private un-aided schools for proper implementation of the RTE Act in letter and spirit,” the court said.

The matter will now be heard on September 09.

Counsel for Petitioner: Mr. Kotla Harshavardhan & Mr. Rishabh Arora, Advocates

Counsel for Respondents: Ms. Jyoti Taneja, Adv. for R-1; Mr. Divyam Nandrajog, PC, GNCTD with Mr. Prakhyat Gargasya, Adv. for R-4 & 5

Title: MASTER JAI KUMAR THROUGH HIS FATHER MANISH KUMAR v. AADHARSHILA VIDYA PEETH & ORS.

Citation: 2024 LiveLaw (Del) 937

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