Delhi High Court issues notice to Delhi govt, LG in plea for admission to over 44,000 students through EWS quota

The Delhi High Court on Monday issued notice to the Delhi government in a public interest litigation seeking admission of over 44,000 children belonging to Economically Weaker Sections (EWS) into various private schools in the city under the Right to Education (RTE) Act [Justice for All v. Hon’ble LG of Delhi and Ors]..A Division Bench of Justices Rajiv Shakdher and Talwant Singh directed the government to file a “concise and crisp” response to the plea detailing its understanding of the RTE Act as well as the number of seats available under the RTE quota last year, and the number admissions made..Notice has also been issued to the office of the Lieutenant Governor, the Delhi Commission for Protection of Child Rights (DCPCR) as well as National Commission for Protection of Child Rights (NCPCR). The case will now be considered on April 26. .The plea, filed by an NGO named Justice for All through Advocate Shikha Sharma Bagga and argued by Khagesh B Jha, stated that over 50,000 children entitled for admission under EWS are victims of nexus between private school and Delhi government hence lost their seats.As per the plea, the Directorate of Education had nominated 54,000 children from EWS for admission to schools in the capital in 2020-21. Around 30,000 students secured admission, and as per government undertakings, the remaining 24,000 were required to be carried over to the next year. This number, clubbed with the 53,000 students for this year, adds up to 77,000 seats.However, the Directorate of Education notified only 33,000 seats and then issued a circular to exempt a school from admitting students in a 3:1 ratio, which further deprived over 11,000 children from admission in addition in addition to 44,000 undeclared by the Directorate of Education, the petition stated.The plea argued that while there are over 53,000 seats under the Economically Weaker Sections (EWS) quota in the current year and an additional 24,000 seats have to be carried forward from last year, only 21,000 children have been admitted into schools. It was claimed,"...for the reason better known to the Director of Education they notified only 33,000 for the session 2021-22 meaning there by deliberate concealment of 44,000 seats and then further provided one more opportunity to the private schools to grant the exemption even from the 33,000 seats and as per the government affidavit approx. 21,000 children was only so lucky that could get admission and 11,000 remaining still waiting for admission in addition to other approx. 44,000 students who can get their seat if the government has performed their duty."It has been argued that the Directorate of Education delayed the admission process and is now refusing admissions on the ground of delay in admission..The petition has therefore sought action against schools that failed to admit the required number of students as per the RTE Act, without even applying for exemption. A direction has also been sought to the State government to frame the mechanism for the quasi-judicial proceedings in cases where grievances of violation of the RTE Act are raised.The Court has been asked to monitor the admission process of children belonging to weaker and disadvantaged sections with a view to protecting their fundamental rights.