Right to Education does not Entitle a Child to Admission in a Particular School of Choice: Delhi HC in Jiya’s Case

The Delhi High Court, in a significant judgment, has clarified that the right to education under Article 21A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009, does not guarantee a child admission to a particular school of choice.

The Court held that the right to education entitles a child only to free and compulsory education till the age of fourteen and does not extend to securing admission in a specific school.

The case concerned Jiya, a child from the Economically Weaker Section (EWS), who sought admission in Class II at Maharaja Agrasen Model School for the academic year 2023-24. She was denied admission in Class I in the previous year despite being shortlisted in a computerized draw by the Directorate of Education (DoE).

Eligibility for Admission under EWS Category: The Court noted that eligibility for admission under the EWS category requires application, shortlisting in a computerized draw, and allocation to a specific school for a specific academic year.

Direction to Admit in Specific School: The Court found that the DoE’s directive to admit Jiya in a specific school for the previous academic year was unenforceable as the right to admission does not carry forward automatically to subsequent years.

Role of DoE in Admission Process: The judgment underscored that the DoE’s role is subject to specific conditions and does not grant perpetual rights to admission in any subsequent academic year.

Decision of the Court:  The petition for Jiya’s admission to Class II in the specific school was rejected due to the absence of an application for that academic year. The Court, however, directed the DoE to secure Jiya’s admission in another school as an EWS student for Class II.

Date of Decision: March 22, 2024.

Jiya Through Her Next Friend and Natural Mother Ms. Sushma vs Maharaja Agrasen Model School & Anr.