Child Entitled To Get Admission In DoE-Allotted School If EWS/DG Category Established: Delhi High Court

The Delhi High Court has observed that a child is entitled to get admission in the school allotted by Directorate of Education (DoE) on the reserved seats under RTE Act after it is established that he or she belongs to the economically weaker section (EWS) or disadvantaged group (DG) category.

Justice Mini Pushkarna said that denying admission to any child under DG or EWS category after allotment of school by DOE pursuant to due procedure followed by it, would be in violation of The Right of Children To Free and Compulsory Education Act, 2009 which provides for free and compulsory education to every child between 6 to 14 years.

Noting that section 12 of the RTE Act provides for reservation of atleast 25% for weaker sections and disadvantaged groups, Justice Pushkarna said:

“Thus, once, it is established that the child belongs to economically weaker section of the society or disadvantaged group and after satisfaction on this account, school has been allotted by DOE as per its due procedure, such child is entitled to get admission in the allotted school under the said category.”

The court allowed the petition of a child seeking admission in a school on the ground that he was successful in draw of lots for admission DG category.

It was his case that an allotment letter was also issued to him by DoE and that he had the Scheduled Caste Certificate issued in favour of his father.

The counsel appearing for the school submitted that the SC Certificate showed the petitioner’s residential address approximately 8 to 10 kilometres away from the school.

On the other hand, the DoE submitted that once a school has been allotted in the draw of lots, the school is bound to give admission to the child.

Granting relief to the petitioner, the court said that the child has been duly allotted the school by the DOE under DG category after following due procedure and thus he is entitled to be granted admission.

“In view of the aforesaid submissions, the present petition is allowed. However, considering the fact that the current academic session 2022-2023 is already at its fag end, the petitioner is directed to be granted admission in the Nursery class for the academic session 2023-2024,” it said.

Title: SAMAR DEVAL v. DIRECTORATE OF EDUCATION & ANR.

Citation: 2023 LiveLaw (Del) 202

Click Here To Read Order