Delhi High Court: Schools Can not Deny Admission to EWS Students Verified and Approved by Directorate of Education

New Delhi: In a significant ruling reinforcing the mandate of the Right to Education (RTE) Act, the Delhi High Court has held that private schools cannot refuse admission to students belonging to the Economically Weaker Sections (EWS) category once their credentials have been verified and approved by the Directorate of Education (DoE).

Justice C. HariShankar , presiding over the case of Ojas Satyawali through his mother Bhawna Pathak vs. Directorate of Education & Anr. , reaffirmed the DoE's primary authority in verifying the eligibility of EWS candidates selected through the common draw of lots. The judgment, delivered on January 9, 2024, makes absolute an earlier interim order directing the school to admit the petitioner.

Case Background

The petitioner, a 7-year-old boy from the EWS category, was selected for admission to Class I at Dwarka International School (Respondent School) for the 2023-2024 academic session through the computerized draw conducted by the DoE on March 14, 2023.

Despite the successful selection and the DoE's circular directing successful applicants to approach the allotted schools, the petitioner faced refusal from the respondent-School. The School's initial contention, raised during an earlier hearing, was a discrepancy between the address provided in the application form and the address on the petitioner's Aadhar card, further alleging that a spot verification found the family not residing at the stated address.

Court Relies on Precedent, Emphasizes DoE's Role

The High Court heavily relied on a previous judgment by a Coordinate Bench in Rameshwar Jha v. Richmond Global School (2022 SCC OnLine Del 4438) . This precedent firmly established that schools falling under the purview of the RTE Act must ensure admissions for students from weaker sections recommended by the DoE and "shall not be denied admission or treated with conduct that is unwelcoming of them on any pretext whatsoever including that of suspicion of credentials."

The Rameshwar Jha judgment clarified that the authority and responsibility for conducting necessary verification lie with the DoE. It outlined a process where schools can seek exemption from the DoE in most exceptional circumstances , but notably, this request can only be made after admitting the child or arranging for admission in an alternate school.

DoE Satisfied with Petitioner's Credentials

In its counter-affidavit filed in the present case, the Directorate of Education explicitly stated that it was satisfied with the credentials of the petitioner and had no objection to his admission in the respondent-School.

Justice Shankar noted that in light of the Rameshwar Jha decision and the DoE's satisfaction, the Court could not conduct its own verification. The judgment stressed that conferring the power to grant EWS admission on the DoE means it is the DoE that must carry out the requisite verification.

"If the DoE is satisfied on that count, the respondent-School cannot refuse admission to the child," the judgment stated.

Child Welfare Paramount

The Court underscored the principle of child welfare as paramount, stating, "the law cannot countenance a situation in which, despite the DoE having found the child entitled to admission, the School refuses admission to child."

The judgment also noted that the respondent-School had not filed any response to the petition and chose to remain absent during the final hearing, implying no further objection to the petitioner continuing on its rolls.

Decision and Implications

Allowing the writ petition, the High Court made absolute its interim order dated September 15, 2023, which had directed the respondent-School to grant admission to the petitioner.

The Court ruled that the petitioner shall continue to receive education in the school under the EWS category and his admission stands regularized accordingly.

This decision serves as a strong reminder to private unaided schools regarding their statutory obligation under the RTE Act to admit EWS students recommended by the DoE and restricts their ability to independently challenge the eligibility criteria already verified by the competent authority. It reinforces the DoE's pivotal role in the admission process for underprivileged children, ensuring that administrative hurdles do not deprive eligible students of their fundamental right to education.