$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1765/2024 COURT ON ITS OWN MOTION .....Petitioner Through: None.

versus PATIL PRANJAL LEHENSINGH, IAS, ADDL. DIRECTOR (EDUCATION) .....Respondent Through: Mr. Chetan Sharma, ASG alongwith Mr. Sameer Vashishth, SC for GNCTD, Mr. Amit Gupta, Mr. Shubham Sharma and Mr.

Yashwardhan Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 16.01.2026

1. Learned ASG submits that a Notification dated 23.12.2024 has been issued to amend the threshold income for admission in EWS category. It is submitted that by virtue of the said notification, the order/s passed by this Court stands fully complied with.

2. During the course of hearing, a copy of the Notification dated 23.12.2024 has been handed over by the learned ASG. The same reads as under:

“NOTIFICATION The Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, was published vide Notification No. 15(172)DE/Act/2010/69 dated

07.01.2011;

Whereas, in compliance of the Hon'ble High Court, Delhi judgement dated 07.10.2013 passed in W.P. (C) No. 3168/2013 titled Himangi Vs.

GNCT of Delhi, the clause 2 (c) of the order dated 07.01.2011 was amended to the extent that the phrase "for the last three years" appearing in the expression "Child belonging to weaker sections" was removed vide Circular No. DE-15/Act-1/WPC No. 3168/13/2013/11734-11738 dated

14.11.2013;

Whereas, vide Judgement dated 05.12.2023 passed in W.P. (C) No. 4006/2021 titled Master Singham Vs. Directorate of Education & Anr.. the Hon'ble High Court of Delhi directed to increase the required income under Clause 2 (c) of order dated 07.01.2011 to Rs. 5 lakhs instead of Rs

1 lakh;

Whereas, vide order dated 05.03.2024 passed in L.PA No. 120/2024, titled as Directorate of Education Vs. Master Singham & Anr. preferred by Directorate of Education, the directions in Para-119 of the Impugned judgement dated 05.12.2023 in W.P.(C) No. 4006/2021 has been stayed and the threshold income for admission under EWS in Interregnum is directed to be increased to Rs. 2.5 lakhs.

Whereas, in compliance of sald directions of Hon'ble High Court of Delhi and in exercise of the powers conferred by sub-section (1) of section 3 of the Delhi School Education Act, 1973 (18 of 1973) read with rule 43 of the Delhi School Education Rules, 1973 and under the provisions of the Right of Children to Free and Compulsory Education Act, 2009, the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, was amended vide Notification dated 12.11.2024 as under-

"In sub-clause (c) of clause 2 of the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group)Order 2011, the words "means a child whose parents have total annual income of less than one lakh rupees from all sources and who have been staying in Delhi for the last three years" shall be substituted with "means a child whose parents have total annual income of less than two lakh and fifty thousand rupees from all sources and who have been staying in Delhi"

Whereas, in pursuance of directions of Hon'ble Lt. Governor to review the threshold Income limit of 2.5 lakhs and recommendations of Committee constituted by the DoE therein to Increase the EWS income limit under RTE Act 2009 from Rs 2.5 lakhs to Rs 5 lakhs to ensure greater inclusion of the EWS children.

Now, therefore in exercise of the powers conferred by sub-section (1) of section 3 of the Delhi School Education Act, 1973 (18 of 1973) read with rule 43 of the Delhi School Education Rules, 1973 and under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 the Lt. Governor of the National Capital Territory of Delhi is pleased to amend the Delhi School Education (Free Seats for Students belonging to Economically Weaker Sections and Disadvantaged Group)

Order, 2011, as under:-

In