The court upheld the necessity of a valid income certificate for admission under the EWS category, emphasizing compliance with educational guidelines.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of petitioner, inter alia, seeking issuance of an appropriate writ, order or direction, directing the respondents to admit or enroll the petitioner in the Nursery/Pre-school Class under the EWS category for the Academic Session 2024-25, in the respondent no. 2 School i.e. Indraprastha World School.

2. Learned counsel appearing on behalf of the petitioner states that despite the petitioner’s child being granted admission by way of the computerized draw of lots, respondent no. 2 School has denied admission to him. It is also stated that despite the petitioner approaching the respondent no. 2 School on several occasions, within the stipulated time period, the School has not accepted the renewed income certificate of the petitioner’s parents. It is further stated that respondent School has failed to comply with the circulars dated 15.05.2024 and 31.05.2024 in providing admission to the petitioner as per the allotment made by respondent no. 1/DoE. It is stated that respondent no. 2, by its actions, is denying the petitioner the right to free and compulsory education of children between the age of six to fourteen years which is a fundamental right enshrined under Article 21A of the Constitution of India. It is also stated that the School’s discriminatory action of not even letting the petitioner submit his documents for admission of his child is violative of Articles 14, 15 and 16 of the Constitution of India. It is stated that the denial of admission to the petitioner’s child by respondent no. 2 School is also violative of the statutory provisions of the RTE Act, which recognizes and guarantees the right of the child to free and compulsory education. It is further stated that the allotment of school made to the petitioner child by respondent no. 1 is after due scrutiny and acceptance of all documents, and the very denial of admission by respondent no. 2 School is purely whimsical and contrary to the mandate of law.

3. On the other hand, learned counsel appearing on behalf of the respondent no. 2 School fervently refers to para no. 11(a) of Circular dated 24.04.2024 issued by respondent no. 1/DoE, which provides that the income certificate, forming the basis of applying under the EWS category, must have been issued prior to applying for online admission process.

4. This Court’s attention has also been drawn to a circular dated 31.05.2024 which lays down the guidelines for admission under EWS/DG category at entry level. The same reads as under:

“....6 (ix) The school must confirm details of the EWS/DG & CWSN Category of successful candidate from the supportive documents produced by them.

7. The school shall carefully carry out the necessary scrutiny/verification of the documents produced. The school must also verify the genuineness of EWS/DG & CWSN certificates issued by the different department through online (http://edistrict.delhigovt.nic.in), if available, or in writing from the office or issuing authority.”

5. Learned counsel for the petitioner admits that the certificate of income which was issued by the Department of Revenue, Government of NCT of Delhi was only valid upto 15.04.2024 i.e. one month prior to applying for admission under the EWS category, hence at the time of applying for the admission under EWS category, the petitioner did not have valid income certificate.

6. Thus, the issue for consideration before this Court is whether the non-filing of the income certificate, due to its lack of validity at the time of applying for online admission process/ process of draw of lots, can justifiably result in the rejection of the allotment of school for admission to the applicant under the EWS category.

7. This Court has perused para no. 11(a) of Circular dated 24.04.2024 issued by respondent no. 1/DoE, which reads as under:

“...11. Economic Weaker Section (EWS)

(a) Income certificate (less than 1 lakh rupees