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MINI PUSHKARNA
Amarjeet Singh – Appellant
Versus
Principal Happy Hours School – Respondent
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (Oral):
1. The present writ petition has been filed with prayer for directions to the respondent No.1 school to grant admission to the petitioner under Economically Weaker Section (EWS) Category/ Disadvantaged Group (DG) Category in Class - I.
2. The only objection which has been raised on behalf of the respondent school is that the residence of the petitioner is situated approximately 8 kms. away from the school in question.
3. On the last date of hearing, i.e., 24.05.2023, this Court had directed the Directorate of Education (DOE) to consider the said issue. Today learned counsel appearing for the DOE has submitted that it is not possible to allot any fresh school to the petitioner. He further submits that as regards the admissions under EWS/DG category, the criteria of neighbourhood is not followed in strict sense by the DOE, since in view of the fact that there are large number of applicants under EWS/DG category, while the seats under the said category are limited in number.
4. Learned counsel for the DOE further submits that the DOE considers the choice of school as given in the application for allotment of sch
In cases of admission under the EWS/DG category, schools may not insist upon following the neighbourhood criteria strictly due to the high demand for admission under this category.
In cases of admission under the EWS/DG category, schools may not insist upon following the neighbourhood criteria strictly due to the high demand for admission under this category.
The court emphasized the importance of providing education to economically disadvantaged children and upheld the provisions of RTE Act, 2009 in allowing the petition and directing the petitioner chil....
Private unaided schools are obligated to admit children from the economically weaker section and disadvantaged group to the extent of at least 25% of the class strength, as per the provisions of the ....
The main legal point established in the judgment is that once a school has been allotted by the Department of Education, the school is bound to grant admission to the petitioner under the Disadvantag....
The Right to Education Act aims to ensure educational access for underprivileged children, and rigid adherence to distance criteria that denies admission contradicts this purpose.
Court's authority to direct admission in a newly allotted school under the EWS/DG category
Private unaided schools have the autonomy to devise fair, reasonable, and transparent admission criteria, including the method of calculating distance, and the courts will uphold such criteria if fou....
Economic standing not a criterion for admission under Disadvantaged Group category.
The main legal principle established is the obligation of the Directorate of Education to consider allotting schools for admission of children under the EWS/DG category in different classes based on ....
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