Delhi High Court Upholds EWS Reservation, Schools Instructed to Relax Neighbourhood Criteria
In a recent ruling, the Delhi High Court emphasized that private schools cannot strictly enforce the neighbourhood criteria for admissions under the Economically Weaker Sections (EWS)/Disadvantaged Group (DG) categories. The judgment, delivered in the case of Tarun Kumar & Anr v The Principal Happy Hours School & Ors, highlighted that the purpose of EWS reservation would be defeated if seats designated for this category remain vacant due to strict adherence to neighbourhood proximity.
Justice Mini Pushkarna stated that the court recognizes the noble intention behind the criteria developed for EWS/DG seat reservation. To ensure the social purpose of this reservation is not lost, objections concerning applicants not meeting the neighbourhood criteria should not be entertained, especially when it involves admissions under the EWS/DG category.
The court's observations were made while considering the plea of two applicants who were allotted seats through a lottery conducted by the Department of Education for admission to Delhi's Principal Happy Hours schools. However, the school denied them admission based on their residence being approximately 4 kilometers away, thereby failing to meet the neighbourhood criteria.
Justice Pushkarna dismissed the school's objection and directed it to grant admission to the petitioners in Class I under the EWS category. The court clarified that the order aimed to provide equal educational opportunities to children from weaker sections, allowing them to integrate into mainstream society.
However, the court also directed the Department of Education to make an effort, whenever possible, to assign schools nearest to the students' residences. Advocates Devendra Kumar and NK Upadhyay represented the petitioners, while the Department of Education was represented by Santosh Kumar Tripathi and Utkarsh Singh. Advocate BC Pandey and SP Kamrah appeared for the school, while Standing Counsel Manika Tripathy represented the DDA.
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TAGS: Delhi High Court EWS reservation schools neighbourhood criteria strict adherence Justice Mini Pushkarna purpose admissions EWS/DG category vacant seats petitioners Principal Happy Hours School rejection Class I order equal opportunities education mainstream of society DOE allotment nearest residence advocates Department of Education Standing Counsel Santosh Kumar Tripathi Utkarsh Singh BC Pandey SP Kamrah DDA.
