In a recent ruling by the Delhi High Court, the enforcement of the RTE Act was upheld in a case concerning the appeal for EWS/DG quota reduction. The court’s decision impacts the educational landscape by reaffirming the rights of students to seek admission in accordance with the Act. This judgement carries implications for future cases involving similar issues. #DelhiHighCourt #RTEAct #QuotaReduction #LegalCase
Arguments
- The decision in Neeharika Infrastructure does not support Mr. Gupta’s claim
- The direction not to take coercive action against the school does not exempt it from admitting the petitioner’s daughter
- The requirement of admitting the petitioner’s daughter stands, despite the direction given
Analysis
- The Supreme Court in Neeharika case dealt with the power of the High Court to prevent coercive steps against accused in a criminal case.
- The current case does not have any similarity to the Neeharika case as per the cited paragraphs of the decision.
- The school had already requested a reduction in EWS/DG quota for the academic year 2023-2024 based on admissions made until 2022-2023.
- The school’s representation for the quota reduction was rejected on 1 December 2022, and the vacancy circular issued by the DoE on 13 January 2023 was based on this rejection.
- Therefore, the school was bound by the outcome of the computerized draw of lots conducted by the DoE using the data available.
- 1.1
- The fundamental right of the wards to seek admission in accordance with the RTE Act, 2009 must be enforced.
Decision
- The appeal has been dismissed as it lacks merit.
- The legal obligation of the Appellant to comply with the outcome of the draw of lots conducted by the DoE on 7th November, 2023 is upheld.
- The interim orders passed in the writ petitions on 7th November, 2023 and 30th November, 2023 do not affect the final disposal of the writ petitions by the learned Single Judge.
Case Title: APEEJAY SCHOOL, SHEIKH SARAI Vs. SANDEEP KUMAR & ANR. (2024:DHC:4202-DB)
Case Number: LPA-402/2024
