JUDGMENT

CM APPL. 58009/2025

1. This Application has been filed by the Respondent seeking condonation of delay of 838 days in filing REVIEW PET. 475/2025 seeking review of the Order dated 13.04.2023.

2. For the reasons stated in the application, the same is allowed.

3. The delay is condoned.

4. The application is disposed of.

REVIEW PET. 475/2025

5. This Review Petition has been filed by the Respondent under Order 47 Rule 1 of the CPC seeking review of the Order dated 13.04.2023.

6. Since the Review Petition was filed on the basis of facts which transpired after the Order dated 13.04.2023, this Court vide Order dated 12.12.2025 directed that the present Petition shall be treated as an application seeking modification of the Order dated 13.04.2023 and adjourned the Review Petition to 17.12.2025. Permission was also granted to file an application to amend the prayer clause. An application being CM APPL.80291/2025 seeking amendment in prayer clause of the Review Petition was filed and this Court vide Order dated 17.12.2025 has allowed the said application. The amended prayer clauses read as under:

“(a) Recall and modify the final order dated 13.04.2023 passed in W.P.(C) No. 3684 of 2013, to the limited extent that the observation/direction requiring provision of school uniforms strictly in kind be modified so as to permit the Respondent to implement the uniform subsidy through Direct Benefit Transfer (DBT) in accordance with the Cabinet decision dated 10.05.2025, corrigendum dated 06.06.2025 and policy order dated 10.06.2025, under the Right of Children to Free and Compulsory Education Act, 2009;

(b) Grant leave to the Respondent to place and implement the aforesaid policy decisions on record in compliance with the modified directions of this Hon’ble Court; and

(c) Pass such other or further orders as this Hon’ble Court may deem fit in the interest of justice”.

7. The Writ Petition was filed for implementation of the provisions of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as ‘the RTE Act’) more particularly for ensuring the compliance of mandate of providing of free books, uniforms and other study materials to the students admitted under Economically Weaker Section (hereinafter referred to as ‘the EWS’) and Disadvantaged Group Freeship Category (hereinafter referred to as ‘the DG Category’) by the Government, in aided and unaided recognized private schools of Delhi.

8. During the pendency of the present Writ Petition various directions have been passed to ensure implementation of the RTE Act with regard to providing of free books, uniforms and other study materials to the students admitted under the EWS category and DG category. Various provisions of the RTE Act and the Delhi Right of Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as ‘the 2011 Rules’), which are relevant for the present matter are being reproduced below for ready reference and the same are as follows. Section 2(n) of the RTE, which defines School, reads as under:

“Section 2. Definitions

(n) "school" means any recognised school imparting elementary education and includes—

(i) a school established, owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

(iii) a school belonging to specified category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;”

9. Section 12 of the RTE Act, which provides for school’s responsibility for free and compulsory education, reads as under:

“Section 12. Extent of school’s responsibility for free and compulsory education.

(1) For the purposes of this Act, a school,--

(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein;