The Supreme Court has overruled the Delhi High Court order of May 26, 2022, regarding the filling up of seats reserved for the Economically Weaker Section (EWS) in private schools of the national capital.
The Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka on Thursday struck down the High Court verdict, which mandated private schools in Delhi to fill up the backlog EWS seats in the next five years in a phased manner.
The Bench took the decision, while dismissing the special leave petitions filed against the interim order passed by the High Court.
The Apex Court also set aside the High Court order, which ruled that 25 percent EWS category students shall be filled up on the basis of declared sanctioned strength at the entry level (Pre-school/ Nursery/Pre-Primary/KG and class 1), irrespective of the actual number of students admitted in the General Category.
It observed that the High Court could not have passed the direction at an interim stage, when the very same issue was the subject matter of the case.
The Bench said it failed to appreciate how clause 4 of the order could be worked out, even if the schools were at default for the earlier period of years, as the same could not be compensated in this manner by an interim order.
In Paragraph 4 of its order, the High Court had directed the Delhi government to make ‘every endeavour’ to ensure that the backlog of unfilled seats in private schools, both on private and government lands, was filled up in the next five years in a phased manner, in addition to the mandated annual 25 percent intake.
According to Paragraph 5 of the same order, the Delhi government was ordered to ensure that 25 percent seats in students belonging to EWS category were filled 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.
Earlier on July 19, the Apex Court had stayed the May 26 High Court verdict.
The High Court had taken up the matter, after the Standing Counsel for the Government of NCT Delhi submitted that 132 private schools were found violating the directions of the Government regarding the admission of students in EWS category.
According to Delhi government, the seats in EWS Category were to be fulfilled up to the fullest at the entry level, which was not being done by some of the schools at least for the last one decade.
The Division Bench of Justice Najmi Waziri and Justice Vikas Mahajan had observed that private schools on private lands have to admit 25 percent students in EWS category, for which the repayment of fees is done on the basis of expenses incurred for a government school student.
Private schools on government land were directed by the High Court to admit 25 percent EWS category students. In this case, reimbursement was to be done for only five percent students, while the expenses of the remaining 20 percent was considered to be obligation of the private schools as condition for allotment of land, ruled the Bench.
It further directed that where the schools have not complied with the admission requirements, the States would have to step in and provide aid.
Under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), inclusion of EWS children in private schools has been made compulsory by Section 12(1)(c) of the Act. It means 25 percent seats are reserved for EWS children at entry level in all affiliated private schools and the expenses are to be borne by the government.
Case Title: Venkateshwar Global School vs Justice For All SLP(C) 11264/2022