In a significant legal case, the Delhi High Court has reinforced the importance of enforcing the Right to Education (RTE) Act by directing the respondent school to adhere to the outcome of the Department of Education’s (DoE) draw of lots. This ruling upholds the rights of students seeking admission in accordance with the RTE Act, 2009. Stay tuned for more details on this landmark judgement.
Arguments
- The decision in Neeharika Infrastructure does not support Mr. Gupta’s stand
- The direction not to take coercive action against the respondent school does not mean they are exempt from admitting the petitioner’s daughter
- The respondent school is required to comply with admitting the petitioner’s daughter based on the draw of lots conducted by the DoE
Analysis
- The vacancy position computed by the respondent school led to their representation to the DoE for resizing the EWS/DG quota for the academic year 2023-2024.
- The representation was rejected on 1 December 2022, based on which the vacancy circular issued by the DoE on 13 January 2023 was formulated.
- The respondent school was obligated to abide by the outcome of the computerized draw of lots conducted by the DoE.
- The case being discussed does not align with the context of the Supreme Court decision in Neeharika, which dealt with the power of the High Court in criminal cases.
- In this instance, the path set by cases like Jai and Arpit must be followed.
- The fundamental right of the wards to seek admission in accordance with the RTE Act, 2009 is to be enforced.
- The plea of pendency of another case cannot circumvent the right provided under the RTE Act, 2009.
Decision
- The appeal is dismissed for lacking merits.
- The dated 2 November, 2023 ruling does not exempt the Appellant from complying with the DoE’s draw of lots outcome.
- Interim orders issued on 7 November, 2023 and 30 November, 2023 hold no weight as the writ petitions have been conclusively disposed of.
- The learned Single Judge was not constrained by the aforementioned interim orders while making the final rulings.
Case Title: APEEJAY SCHOOL, SHEIKH SARAI Vs. DEEPAK RAJ & ANR. (2024:DHC:4202-DB)
Case Number: LPA-401/2024
