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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Jiya Through Her Next Friend And Natural Mother Ms. Sushma - Appellant
Versus
Maharaja Agrasen Model School & Anr. - Respondents
W.P.(C) 4683 of 2023 and CM APPL. 18067 of 2023
Decided On : 22-03-2024
Admission - Right of Children to Free and Compulsory Education Act, 2009 - Section 12(1)(c), Circular dated 9 July 2021, Notification dated 7 January 2011 - The court discussed the provisions of the Right of Children to Free and Compulsory Education Act, 2009, along with circulars and notifications issued by the Directorate of Education. The court highlighted the mandatory requirement for schools to admit at least 25% of children belonging to the EWS category at the entry level, the process of carry forward seats, and the jurisdiction and authority of the Directorate of Education in directing school admissions.
Fact of the Case:
Jiya, an EWS student, sought admission to Class II in a school after being shortlisted for admission to Class I. The school refused admission, leading to a writ petition seeking a mandamus for admission.
Finding of the Court:
The court found that Jiya did not apply for admission to Class II and was not shortlisted by the Directorate of Education for the academic year 2023-2024. The court emphasized the specific application, shortlisting, and allocation process for EWS admissions.
Issues: The key issue was whether Jiya had an enforceable right to admission in the school for the academic year 2023-2024 as an EWS student.
Ratio Decidendi: The court held that without the specific application, shortlisting, and allocation by the Directorate of Education, Jiya did not have an enforceable right to seek admission as an EWS student in the school for the academic year 2023-2024.
Final Decision: Jiya's prayer for admission to Class II in the school was rejected, but the Directorate of Education was directed to ensure Jiya's admission as an EWS student in Class II in another school within four weeks.
JUDGMENT
1. Jiya was born on 17 August 2016. She is presently a little over 7 1/2 years of age.
2. Jiya belongs to the Economically Weaker Section (EWS) of society. On her behalf, her mother applied to the Directorate of Education (DoE) for securing Jiya admission under the EWS category in Class I for the academic session 2022-23. A computerized draw of lots was conducted by the DoE, following which Jiya was shortlisted for admission to Class I in the Maharaja Agrasen Model School (Respondent 2, hereinafter) for the academic session 2022-23.
3. Despite her mother visiting the school on several occasions, the Respondent 2 school refused to admit Jiya. Jiya's mother accordingly addressed representations to the DoE on 24 June 2022, 18 July 2022, 7 January 2023 and 27 March 2023 seeking the intervention of the DoE to secure admission for Jiya in the Respondent 2 school but to no avail.
4. Jiya has, therefore, instituted the present writ petition through her mother before this court. The petition was filed on or around 11 April 2023. Jiya seeks issuance of a writ of mandamus directing the Respondent 2 school to grant admission to her as an EWS student in Class II for the academic session 2023-24.
5. Jiya contends that, in the light of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter "the RTE Act"), read with the circulars issued by the DoE from time to time, the Respondent 2 school could not have refused to grant admission to her after her name was shortlisted for admission following the computerized draw of lots conducted by the DoE.
6. Counter affidavits have been filed by the DoE and by the Respondent 2 school.
7. The DoE, in its counter affidavit, supports Jiya. It is stated in the counter affidavit of the DoE that the Respondent 2 school had declared a total of 200 seats in the general category for the academic session 2022-2023, on the basis of which the DoE allotted 50 nursery/pre-school seats, 28 KG/pre-primary seats and 8 Class-I seats in the school in the EWS category. All 50 seats in the nursery/preschool class were entry level seats; of the 28 seats in KG/pre-primary, 21 were carry forward unfilled nursery/pre-school seats of the previous year; and of the 8 Class I seats, 6 were unfilled KG/preprimary seats of the previous year.
8. Consequent on receipt of a complaint that the Respondent 2 school was not admitting EWS students shortlisted by the DoE in the computerized draw of lots conducted by it, the DoE, by the following e-mail dated 13 April 2023 addressed to the Principal of the school, directing the school to admit Jiya, as per the guidelines of the DoE, that very day:
"Subject:Denial of Admission of JIYA (Regn. No.20220026605) for the academic
session 2022-23 in Maharaja Agrasen Model School, CO-Block, Pitampura, Delhi
Dr. RAKESH RAHI, DOE, ZONE-XI zonezonexi@gmail.com
13April 2023 at 11:23
To: MAMS CD-Block Pitampura agrasenschool1985@gmail.com
To
The Principal/HOS,
Maharaja Agrasen Model School (1411182)
CD Block, Pitampura, Delhi
Sir/Madam
Find enclosed herewith a complaint/representation dated 27.03.2023, received from Ms. Sushma M/o JIYA in this office regarding denial of admission in r/o Baby J IYA (Reg.No. 202200266605) D/o Mr. Amit Kumar, who was selected through computerised draw lots for class-1st for the academic session 2022-23 and allotted your school.
With reference your reply vide letter dated 29.08.2022 & 07.02.2023 regarding complaint of admission in respect of Baby Jiya (Reg.No.20220026605) in class 1st, which was not found satisfactory; hence not acceptable.
The Principal/HOS of the school is hereby directed to admit the child as per DoE's guidelines and submit the Action Taken Report today (i.e. 13.04.2023 by12.00 noon) positively.
This may be given TOP PRIORITY.
Dy. Director of Education,
Zone-XI: Distt. NWB-(1) "
The DoE contends that Section 12(1)(c)[12. Extent of school's responsibility for free and compulsory education.-
(1) For the purposes of this Act, a school, -
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 right to education under the RTE Act does not guarantee admission to a specific school, and residency criteria based on wards must be clarified by the State.
The court affirmed that the RTE Act mandates at least 25% admission for economically weaker section students in private schools, emphasizing compliance over restriction based on general admissions.
Admission criteria must be reasonable, rational, and non-discriminatory, and schools have the autonomy to devise criteria but must adhere to principles of fairness and equity.
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....
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