Private schools should fill up unoccupied EWS seats within 5 years: Delhi High Court

The Delhi High Court recently directed the State government to ensure that unfilled seats for Economically Weaker Sections (EWS) are filled up within the next five years in a phased manner [Justice for All & Anr. vs. Venkateshwar Global School & Ors.]..A Division Bench of Justice Najmi Waziri and Justice Vikas Mahajan ordered that in cases where schools, both on private and government lands, do not adhere to the admission conditions for EWS category students, the government has to step in by exercising it's duty as a welfare state."In instances where schools have not complied with the strict requirements of admission of EWS category students, the State has to step-in to the aid of the latter and exercise its duty as a Welfare State. No beneficiary of government land can overlook or avoid its obligation under the allotment," the Court said.The order was passed after taking into consideration the Delhi government's statement that more than 132 private schools were in violation of admission requirements with respect to the EWS category and that notices in this regard had been issued to them. Further, the Delhi government said that seats in the EWS category are to be filled up to the fullest at the “entry level” but some of the schools had not been admitting EWS students for the last decade or so.The Court noted that under the EWS category: (i) the private schools on private land have to admit 25 percent students in the EWS category for which the re- payment of fees, etc. is done on the basis of expenses incurred for a student of a government school; (ii) private schools on government land too have to admit 25 percent EWS category students at the entry level. However, it was also observed that reimbursement by the the government is to be done for only 5 percent students of this category and that the educational expenses of the remaining 20 percent EWS candidates fall under the obligation of the private schools because this is the condition for allotment of government land to them.Finally the Court ordered, that in such circumstances, every endeavour shall be made by the State to ensure that the backlog of unfilled seats in private schools, both on private and government lands, is filled-up in the next five years in a phased manner; i.e., 20 percent of the vacancies each year, in addition to the mandated annual 25 percent intake.The Court also directed the State to ensure that 25 percent seats in the EWS category students are filled up on the basis of declared sanctioned strength at the entry level (pre-school/ nursery/ pre-primary/KG and Class-I), irrespective of the actual number of students admitted in the general category..Advocate Khagesh B Jha and Shikha Sharma Bagga appeared for the petitioner. Meanwhile Delhi government's standing counsel Santosh Kumar Tripathi appeared for the State..[Read order].Delhi High Court issues notice to Delhi govt, LG in plea for admission to over 44,000 students through EWS quota