Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance

"Education is the Greatest Wealth": Delhi High Court Orders School ID Merger to Protect EWS Students' Right to Continuous Learning

30 August 2024 3:21 PM

By: sayum


Delhi High Court has issued a significant judgment on August 22, 2024, directing the Directorate of Education (DoE) to merge the school IDs of junior and senior wings of private schools managed by the same society. This ruling addresses the issue of denying admissions to students from the Economically Weaker Sections/Disadvantaged Groups (EWS/DG) when they transition from junior to senior wings. The court highlighted the constitutional mandate of ensuring equal and uninterrupted educational opportunities for all children, particularly those from underprivileged backgrounds.

The case involved multiple petitions filed on behalf of children from the EWS/DG category who were denied admission to the senior wing of Holy Innocents Public School, despite having completed their early education in the school's junior wing. The school's refusal was based on the premise that the junior and senior wings had different school IDs, making them separate entities according to the Directorate of Education. The children’s parents had taken various steps, including filing RTI applications, writing to the Ministry of Education, and lodging complaints with the National Commission for Protection of Child Rights (NCPCR), before finally seeking judicial intervention.

Educational Equity and Constitutional Protection: The Court underscored the fundamental right to education as enshrined in Article 21A of the Indian Constitution and implemented through the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The judgment emphasized that the RTE Act aims to provide every child, irrespective of socio-economic background, with access to quality education. The Court stated, "Education is the foundation upon which the edifice of a just and equitable society is built."

Issues Before the Court: The Court focused on two key issues:

Whether the petitioners, allotted seats under the EWS/DG category in the junior wing, could be denied admission to the senior wing based on different school IDs.

Whether there was a need for directions to ensure a respectful and accessible admission process for EWS/DG students, addressing the barriers faced by them.

Merger of School IDs: The Court was critical of the practice of assigning different IDs to the junior and senior wings of the same school, calling it an artificial distinction that hindered the continuity of education. The judgment noted that this practice led to unnecessary trauma and stress for children who were denied seamless transition within the same educational institution. The Court ordered the DoE to merge the school IDs within eight weeks, ensuring that students admitted under the EWS/DG category can continue their education without disruption.

Ensuring Respectful and Accessible Admissions: The judgment also addressed the challenges faced by EWS/DG students during the admission process, directing schools to appoint a Nodal Officer to assist these students and their parents. The Court emphasized that all communications and procedures should be available in both English and Hindi to accommodate language barriers.

The Court extensively discussed the importance of maintaining the dignity and self-respect of children from underprivileged backgrounds. It observed that the division of school IDs perpetuated inequality and was contrary to the spirit of the RTE Act, which seeks to provide equal educational opportunities to all children. The judgment stated, "The injury to dignity felt by a student from the EWS category, who is made to feel unequal to his peers, is deeply damaging."

The judgment remarked, "Once children are enrolled in an educational institution, there should be no distinction based on their financial background, especially when they are all studying in the same school."

The Delhi High Court’s judgment is a landmark decision that reinforces the right to education for children from the EWS/DG category. By mandating the merger of school IDs and issuing guidelines for respectful and accessible admissions, the Court has ensured that these students are not deprived of continuous and quality education. This ruling is expected to have far-reaching implications for the implementation of the RTE Act and the treatment of underprivileged students in private schools across Delhi.

Date of Decision: August 22, 2024​.

Gunjan as Guardian of Pihu vs. Government of NCT of Delhi & Anr.

 

Latest Legal News