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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Baby Namirah Ayat & Ors. - Appellants
Versus
Kulachi Hansraj Model School & Anr. - Respondents
W.P.(C) 13918 of 2023
Decided On : 09-02-2024
Admission - EWS Student - The school is directed to admit Petitioner 1 as an EWS student on humanitarian grounds and continue to provide education to her in accordance with the Right of Children to Free and Compulsory Education Act, 2009.
Fact of the Case:
The school has agreed to admit Petitioner 1 as an EWS student on humanitarian grounds.
Finding of the Court:
The court directed the school to admit Petitioner 1 as an EWS student and continue to provide education to her in accordance with the Right of Children to Free and Compulsory Education Act, 2009.
Issues: Admission of Petitioner 1 as an EWS student, reduction in the number of EWS seats available with the school for the year 2024-2025.
Ratio Decidendi: The court's decision was based on the agreement of the school to admit Petitioner 1 as an EWS student on humanitarian grounds and the mandate of the Right of Children to Free and Compulsory Education Act, 2009.
Final Decision: The school is directed to admit Petitioner 1 as an EWS student and the DOE is directed to take a decision on the request of the school for reduction in the number of EWS seats available with it for the year 2024-2025.
ORDER (Oral)
1. This litigation has, with the cooperation of both the respondents, drawn to a happy close, for which the Court is genuinely grateful. Kulachi Hansraj Model School ("the School") has, vide letter dated 2 February 2024, addressed to the Deputy Director of Education, DOE, agreed to admit Petitioner 1 in its institution as an EWS student on humanitarian grounds.
2. As such, without entering into the legal issues involved in this matter, the school is directed to admit Petitioner 1 in its institution within a period of one week from today and to continue to provide education to her as an EWS student in accordance with the mandate of the Right of Children to Free and Compulsory Education Act, 2009.
3. The DOE is also directed to take a decision on the request of the school for reduction in the number of EWS seats available with it, as expeditiously as possible, for the year 2024-2025.
4. The writ petition is disposed of accordingly.
The court's decision was influenced by the Right of Children to Free and Compulsory Education Act, 2009, and the agreement of the school to admit Petitioner 1 as an EWS student on humanitarian ground....
The court upheld the entitlements and facilities available to EWS students, including uniform, textbooks, etc., as part of the regular admission of EWS candidates.
The specific application, shortlisting, and allocation process by the Directorate of Education are essential for EWS student admissions, and without these, there is no enforceable right to seek admis....
The court's decision was based on the respondent school's agreement to provide all entitlements available to EWS students for the next academic session in accordance with the RTE Act and Circulars is....
The court's decision was influenced by the acceptance of the petitioner's admission under the EWS/DG category by the respondent-school.
The innocence of the children involved in admission disputes should be considered, and the court may allow completion of the current academic year without further promotion.
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 the obligation of private unaided schools under the Right to Education Act, 2009 to admit only 25% EWS candidates vis-à-vis the number of students ....
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