Every Child, Irrespective of Economic Strata, Has Right to Aspire for Education in Best of Schools: Delhi HC Upholds RTE Act Provisions for EWS/DG Students’ Admission

In a significant judgment, the Delhi High Court has reaffirmed the rights of children from Economically Weaker Sections (EWS) and Disadvantaged Groups (DG) to receive education in private unaided schools under the Right of Children to Free and Compulsory Education Act, 2009. The Court underscored the importance of equitable educational opportunities, stating, “Every child, irrespective of the economic strata to which she or he belongs, has a right to aspire to be educated in the best of schools.”

The judgment dealt with the admission of EWS/DG children to private unaided schools. It centered around the interpretation and application of the RTE Act, specifically regarding the autonomy of schools and the educational rights of EWS/DG children.

Petitioners Jai, Pawan Kumar, and Tejas Nath, through their respective fathers, sought admission to KG/Pre-primary and Nursery/Pre-school classes in a private unaided school. The school argued for a reduction in EWS/DG seats, citing its inability to fill general category seats. The core issue was the balancing of the school's autonomy against the educational rights of EWS/DG children.

Balancing Autonomy and Rights: The Court acknowledged the competing interests between the autonomy of unaided schools and the educational rights of EWS/DG children. It emphasized that schools are bound by DOE directives unless specific exemptions are granted.

Doctrine of Carrying Forward Unfilled Seats: The Court affirmed the principle that unfilled EWS/DG seats can be carried forward to subsequent academic years. It mandated the respondent school to admit EWS/DG students as per DOE’s allocation.

Compliance with Statutory and Regulatory Provisions: The Court held the school accountable for complying with RTE Act provisions and DOE guidelines, thus ensuring equitable access to education for EWS/DG children.

Decision: The High Court directed the respondent school to regularize the admission of the petitioners as per DOE’s allocation under the RTE Act. The judgment reinforced the commitment to providing quality education to children from economically weaker sections and disadvantaged groups.

Date of Decision: April 8, 2024.

ROHIT KUMAR VS DIRECTORATE OF EDUCATION & ANR