In a recent judgment by the Delhi High Court, comprehensive directions have been issued on filling EWS/DG/CWSN seats in the education system. The court will consider various prayers made by the schools, including an application for exemption from admitting EWS/DG/CWSN category students. The judgment addresses concerns raised by schools and upholds the principles established in previous cases such as Rameshwar Jha. Stay updated on the latest legal developments in education law.
Facts
- The first prayer in the writ petition is for a direction to the Directorate of Education to decide the school’s application seeking exemption from admitting EWS/DG/CWSN category students in proportion to general category students by a specified date.
- The alternative prayer seeks permission to admit EWS/DG/CWSN category students in proportion to general category admissions made by the school in the same academic year, as per previous court judgments.
- The third prayer requests the deletion of carry forward vacancies in KG and Class I as notified by the DoE, alleging illegality and arbitrariness.
- The court will consider all three prayers and may grant further relief as deemed fit.
Arguments
- Mr. Gupta argues that a decision on a certain representation does not affect prayer (A) in the present petition.
- He claims that since he could not fill the number of general category admissions as indicated in the seat matrix uploaded by the DoE, he has the right to seek exemption, as stated in his representation dated 25 April 2024.
- Mr. Gupta explains that his representation dated 25 April 2024 is a request for exemption that can be made post admissions.
- He distinguishes the right to seek exemption from filling up 25% of seats at the entry level by EWS/DG/CWSN candidates from the allocation of seats to a particular school.
- The practice of conducting online interviews for nursery admissions in unaided private schools has been approved by a Coordinate passed in Action Committee Unaided Recognized Private Schools v. Directorate of Education.
- This approval is cited in para 107 of the judgment of the coordinate Bench of this Court in Rameshwar Jha v. Principal Richmond Global School.
- The approval is in line with the DoE circular dated 9 July 2021.
Analysis
- The Coordinate Bench in Rameshwar Jha issued comprehensive directions on filling EWS/DG/CWSN seats.
- Petitioner has the right to challenge the decision of the DoE.
- Mr. Tripathi submitted modified figures were uploaded on the MIS portal of the DoE.
- Representation challenging seat matrix by the petitioner stands decided by the DoE.
- Exemption application must be made within a week of notification of admission of a student.
- Representation seeking exemption must be student-specific and not at the cost of the child’s admission.
- The directions in Rameshwar Jha are binding and continue to operate.
- Petitioner may have missed the deadline to seek exemption as per the directions.
- Any representation for exemption should strictly follow the directions of Rameshwar Jha.
- The court cannot grant the exemption sought through Prayer (A) or (B), as the power rests with the DoE.
- It would be unrealistic to expect individual orders from the DoE on every representation for seat reduction.
- Representation against the circular dated 17 January 2024 has already been decided with some reduction in the seat matrix.
- Schools can request exemption/waiver under RTE Act in exceptional circumstances
- Application must be made within one week of recommendation
- Reasons for exemption must be clearly stated in the application
- DoE will review the application and conduct a hearing with the school
- Exemption will only be granted if it does not prejudice the admission of the child
- Child must be admitted to an alternate school in the closest neighborhood
- Principle of carry-forward of vacancies affirmed by the Court in various decisions.
- Judgment of Division Bench in Siddharth International Public School v. Motor Accident Claim Tribunal supports the principle.
- The carry-forward of vacancies is a well-established practice.
Decision
- Only relief granted is permission to seek exemption for individual students
- Petitioner can challenge decision of DoE on representation dated 23 January 2024
- No opinion expressed on carry-forward vacancies in KG and Class I
Case Title: APEEJAY SCHOOL, SHEIKH SARAI Vs. DIRECTORATE OF EDUCATION (2024:DHC:3864)
Case Number: W.P.(C)-6747/2024
