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.

JUDGMENT

Chandra Dhari Singh, J.

1. The aforequoted subhasitam clearly lays down the merits of imparting education. It is stated that charity by way of giving food to a person is a great deed, but giving vidya (education) is even better, since the satisfaction (obtained) from consuming food is momentary, but that (obtained) from vidya lasts a lifetime. This probably could be translated, not precisely yet contextually, to the saying 'Give a man a fish, you feed him once. Teach him to fish and you feed him for life'. Thus, the charity of imparting education is the greatest of all charities. Imparting education is a charitable cause and a calling that cannot be allowed to be metamorphosed into a platform for profiteering.

2. Mahatma Gandhi in his thoughts on Nai Talim (New Education) expressed that the basic education should be free and compulsory for all persons between the ages of seven to fourteen irrespective of their economic backgrounds. His thoughts are reproduced hereunder:

"I am a firm believer in the principle of free and compulsory primary education for India. I also hold that we shall realize this only by teaching the children a useful vocation and utilizing it as a means for cultivating their mental, physical and spiritual faculties. Let no one consider these economic calculations in connection with education as sordid, or out of place. There is nothing essentially sordid about economic calculations. True economics never militates against the highest ethical standard, just as all true ethics to be worth its name must at the same time be also good economics."

[Harijan, 9-10-'37]

3. While we rejoice the Azaadi ka Amrit Mahtosav, on the occasion of the 75th Anniversary of Indian Independence - of liberty from the clutches of colonialism, it is an occasion to relish as well as retrospect. We achieved political independence in 1947, but social and economic independence still evades us. It is pertinent to reminisce the words of the Chief Architect of Indian Constitution, Dr. B. R. Ambedkar, where he said:

"However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot."

4. It is as evident as it can be that letters of law remain in black and white devoid of flesh and blood unless they are given effect to. Welfare legislations must be implemented in letter and spirit to ensure that objectives sought therein are implemented by making the fruits accessible to and exercised to the benefit of the last person in the society for whom the legislation was brought in.

5. After the Constitution (Eighty-sixth Amendment) Act, 2002, which inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right, and with the advent of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the "RTE Act"), ensuring free and compulsory education to all children of the age of six to fourteen years became a solemn responsibility and commitment on the part of state.

6. The instant batch of petitions has been filed by the petitioners seeking the admission of students under the Economically Weaker Section category (hereinafter referred to as the "EWS category") under Section 2(e) of the RTE Act in the respondent schools at the elementary level. Such students from the EWS category have been given Letters by the Department of Education (hereinafter referred to as the "DOE"), Government of NCT of Delhi confirming their admission to the respective schools in Delhi under the Scheme of the RTE Act.

7. These letters were issued pursuant to a draw of lots conducted by the DoE and the results were communicated to all the schools as well as the fortunate few children belonging to the EWS category who got selected by such