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Delhi High Court Sets Aside Orders, Remands EWS/DG Admission Exemption Dispute for Fresh Consideration

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Case Name: Apeejay School, Sheikh Sarai v. Directorate of Education 

Case No.: W.P.(C) 6747/2024 

Dated: May 10, 2024 

Quorum: Justice C Hari Shankar 

 

FACTS OF THE CASE: 

The facys of the case are so that the first prayer asks the Directorate of Education (DoE) to rule on the petitioner-school’s application, dated 25 April 2024, which requests a waiver from the school’s admission of EWS/DG/CWSN category students in proportion to the number of general category students it actually admitted during the academic year 2024–2025. The deadline for these decisions is May 15, 2024. 

No one disputes that the Department of Education (DoE) uploaded the seat matrix, covering the cover of Circular dated January 17, 2024, on its website. This matrix shows the number of general category students (EWS, DG, CWSN, and other similar categories) that the schools would have to admit during the academic year 2024–2025. Schools who wanted to contest the numbers in the annexures to the aforementioned circular could do so within a week by presenting documentation.  

Within the time frame specified in the circular, the petitioner filed a representation on January 23, 2024, asking for a decrease in the number of EWS/DG/CWSN seats that the petitioner was obligated to fill for the 2024–2025 academic year. 

 

CONTENTIONS OF THE PETITIONER: 

The DoE’s learned Standing Counsel, Mr. Santosh Kumar Tripathi, submits that the representation in question has been taken into consideration, and that some reductions have been made in the number of EWS/DG/CWSN and the students the petitioner would have to admit in different classes. As a result, the figure has been brought down below what the DoE had uploaded in accordance with the circular dated January 17, 2024. 

Additionally, after taking into account any claims made by the schools, he has distributed the most recent tabulated data pertaining to each institution around the Bar. On the final hearing date, Mr. Sanjeev Ralli, the Apeejay School’s senior counsel, raised concerns about the maintainability of the WP(C) 12305/2019. He argued that since the DoE lacks the authority to set fees, the prayer, which expressly requests that the DoE set the Respondent 1 school’s fees, could not be approved. 

According to Mr. Jha, the DoE is expressly authorised by the aforementioned decision to set the fees for accredited unaided schools. He argues that this paragraph serves as the foundation for his request in prayer for guidance from the DoE about Respondent 1 school’s costs. 

CONTENTIONS OF THE RESPONDENTS: 

For the petitioner, Mr. Kamal Gupta, an experienced attorney, argues that his client was not sent a separate order conveying the conclusion. However, it would be impractical to expect the DoE to express specific orders on each representation for a reduction of seats received from a school below the levels specified in the seat matrix, given the size of the task that the DoE is faced with each year at this time.  

The respondents assert that the updated data for every school was posted to the DoE’s MIS site. He additionally agrees to give Mr. Gupta a copy of the pertinent portion of the data during the day, to the extent that they relate to the petitioner-school. 

The respondents further argue that prayer (A) in the current petition is unaffected by the decision regarding the aforementioned representation. He argues that the question of how many seats are allocable to that specific school is distinct from the right of EWS/DG/CWSN candidates to request an exemption from having to fill up to 25% of the seats at the entrance level. He claims that the submission dated April 25, 2024, is one that requests an exception, which may be chosen once the admissions have been made.  

 

COURT’S ANALYSIS AND JUDGMENT: 

the Coordinate Bench in Rameshwar Jha, to which Mr. Gupta himself drew my attention, issued comprehensive directions regarding the manner in which the EWS/DG/CWSN seats are to be filled by the schools. The court noted that these directions are detailed and exhaustive, taking into account practically the entire law on the subject and taking into account all circulars issued by the DoE, in particular the interim order passed in Action Committee Recognised Private Schools.  

According to the court, each student has a unique right to request an exemption. If a student is recommended and informed that they will be admitted to the school under the “weaker section” quota, they have one week to file an application for an exemption. The reason the school is unable to admit that specific student must be stated on the application.  

Therefore, it is inadmissible that the petitioner-school was authorised to submit the submission dated April 25, 2024, which requests an exemption. The representation appears in paragraph 123 of the Rameshwar Jha ruling, in the teeth of instruction (c). Any suggestion that the school could be permitted to favour would have to be made within a week of the student in question—who the school was having trouble admitting—being notified of their admission.  

 

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Judgment reviewed by Riddhi S Bhora. 

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Article 21A guarantees the Right to Free and Compulsory Education but not the Right to Education in a Particular School of Choice: Delhi High Court

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Case title: Jiya through her Natural Mother Ms. Sushma Vs Maharaja Agrasen Model School & Anr.

Case no.: W.P. (C) 4683/2023 and CM APPL. 18067/2023

Decision on: March 22nd, 2024

Quoram: Justice C. Hari Shankar

Facts of the case

In this case, Jiya a 7 years old girl belonging to the Economically Weaker Section (EWS) of society, represented by her mother had filed an application to the Directorate of Education (DoE) for securing an admission under the EWS category in Class I for the academic session 2022-23. The draw of lots process conducted by the DoE granted her an admission in the Maharaja Agrasen Model School (Respondent 2). But, despite several representations made by Jiya’s mother the School refused to admit her. Further, the redressal of the same before the DoE also rendered fatal. Consequently, a writ petition was filed for the issuance of a writ of mandamus directing the Respondent 2 School to grant admission to her as an EWS student in Class II for the academic session 2023-24.

Contentions of the Petitioner

The Counsel submitted that the Respondent 2 School cannot refuse to admit Jiya, after her name was shortlisted for admission to Class I in the Respondent 2 School following the computerised draw of lots conducted by the DoE. He further, placing reliance on the email dated 13 April 2023 of the DoE which directed the School to admit the petitioner submitted the same not being challenged by the Respondent 2 School is therefore binding on it. He also referenced relevant notifications and circulars supporting their case.

Contentions of the Respondent

The Counsel representing the School through a counter affidavit sought to defend its decision in not admitting Jiya in Class I for the 2022-23 academic session. Further, he also placed reliance on the judgment of a Coordinate Bench of this Court in Bushra Riyaz v. GNCTD which held that the petitioner, in that case, could not be directed to be granted admission at the school in one academic session on the basis of an application filed for the previous academic session. Thereby, he defended School’s actions in refusing the admission to Jiya for the academic year 2023-24.

Court’s Analysis and Judgement

The Court emphasizing on the issuance of writ of mandamus to a school observed that   that a child seeking an admission as an EWS student at an entry level must, at first instance have applied to the DoE for admission in that year and must be shortlisted for the same by the process of draw of lots. Moreover, detailing on the intricate exercise conducted by the DoE for EWS admissions it noted that no child, without her application suffering the rigour of this exercise, can directly claim a right to be admitted to a particular class in a particular school in a particular year as an EWS student.

The Bench asserted that the right guaranteed to every child under Article 21A of the Constitution or under the RTE Act is only for free and compulsory education till the age of fourteen. But however, it observed that the same does not confer, on any child, a constitutional right to be educated in a particular school of her choice.

It stated that Jiya had only applied to the DoE for admission as an EWS student, but had not complied with their draw of lots procedure. Hence, in the absence of draw of lots and resultant allocation of any school to Jiya for the academic year 2023-2024, she had no enforceable right in law to seek such admission in that year to any particular school. It highlighted the mere fact that the DoE had found her entitled for admission to Class I in the Respondent 2 School for the academic year 2022-23 could not ensure the same for the years to come.

The Bench observed that the RTE Act and Article 21A of the Constitution entitles Jiya only with the right to education till the age of 14 but not the right to get educated specifically in the Respondent 2 School. Therefore, rejecting the prayer of the petitioner, the Delhi High Court held that she is not entitled to admission to Class II in the Respondent 2 School. However, it directed the DoE to make every endeavour to ensure that the girl is granted admission as an EWS student in Class II in some other school.

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Judgement Reviewed by – Keerthi K

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Delhi High Court directed KVS to grant admission to petitioner’s ward, who was denied the same on the grounds that EWS certificate was not issued by govt of Delhi but UP.

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Case Title: Hare Krishna Pathak vs Kendriya Vidyalaya Sangathan & Anr.

Case No: W.P.(C) 3041/2022 & CM APPL. 8955/2023

Decided on: 22nd December 2023

Coram: Hon’ble Mr. Justice Anup Jairam Bhambhani

 

Facts of the Case

The petitioner, a native of Azamgarh, Uttar Pradesh, after moving with his family to delhi, applied for admission of his son to KVS, Narela.

Even after his son won the draw of lots, and was allotted a seat, the school declined to grant admission on the ground that the EWS certificate provided is issued by UP Government and not Delhi Government, which was mentioned in KVS guidelines.

Legal Provision

Section 2(a) of Right of Children to free and compulsory Education Act, 2009 –

 “appropriate Government” means—

  1. in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government;
  2. in relation to a school, other than the school referred to in sub-clause (i), established within the territory of—

a State, the State Government 

Union territory having legislature, the Government of that Union territory;

Section 2(e) –

“child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

Article 19(1)( e) –  to reside and settle in any part of the territory of India; 

Issues

  • Whether petitioner can seek admission in EWS category according to RTE Act?
  • Whether KVS needs to abide by state-specific municipal acts and regulations?

Court Analysis and Decision

  • In Himangi vs. GNCT of Delhi, 2013 (138) DRJ 330, the bench ruled that Govt of NCT of Delhi cannot impose any domicile criterion as an eligibility condition for admission to a school in Delhi under the EWS Category.
  • It has been held that the RTE Act does not empower the appropriate government to further sub-classify the children belonging to weaker sections by excluding from its purview the children who are staying in Delhi for a particular time period. Therefore, the appropriate government is ill-equipped to limit EWS Category admission to children who live in Delhi for a specific amount of time.
  • It’s also crucial to remember that KVS are not acknowledged as schools by the Delhi School Education Act, 1973 or its regulations, nor are they required to abide by state-specific municipal acts and regulations. In Neeti Singh Malik vs Union of India, MANU/DE/8939/2007, it was held that subjecting KVS to local Acts and Regulations would lead to an asymmetrical managerial structure, staffing patterns and standards of education.
  • The Central Government is the appropriate government to deal with in relation to a school that it established, owns, or controls.
  • Pursuant to notifications by the Central Government, eligibility for the EWS category in Kendriya Vidyalaya schools shall be determined by a gross annual family income threshold of Rs. 8 lakhs. Additionally, a duly issued EWS certificate, verified by an officer at least of Tehsildar rank in accordance with the prescribed state process, shall be required for applications. Such certificate may be obtained from any state, not necessarily the state where the school is located.
  • The court deemed it appropriate to mold the relief sought in the present petition, directing KVS to grant regular admission to the petitioner’s ward – Harsh Pathak – in Kendriya Vidyalaya, Narela in Class-I for the Academic Session 2023-2024 forthwith.

The petition was disposed of in the above terms

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Written by- Bhawana Bahety

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Retrospective effect not applicable when a government resolution is passed after invalidation of constitutionality of the SEBC Act : Bombay HC on SEBC students applying in the category of EWS

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TITLE : Akshay Ashok Chaudhari v Government of Maharashtra

CORAM : Hon’ble Justice Nitin Jamdar and Hon’ble Justice Manjusha Deshpande

DATE :  22nd  December, 2023

CITATION : WP NO 2722 of 2023

FACTS

The Maharashtra State Reservation For Socially And Educationally Backward Class Act, 2018 was challenged for its constitutionality in the hon’ble court and was later challenged in SC which held it unconstitutional. The Act conferred a right on the individuals from the Maratha community, SEBC category, to 13% of total admissions in educational institutions and 16% of total appointments in direct recruitment for public services and posts within the State. After the interim order passed by the SC, the government of Maharashtra issued government resolution for the candidate who applied under SEBC category for public examination and were told to appear in the category of EWS (economically weaker section). This was challenged by the EWS category candidates and the tribunal upheld the challenge and disqualified those who appeared under SEBC category. The same is challenged in this hon’ble court by the SEBC candidates.

LAWS INVOLVED

Article 16(6) of the Constitution of India states that :

Equality of opportunity in matters of public employment.-

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

[(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category

ISSUES

Whether the tribunal erred in holding the position that SEBC candidates cannot apply in the category of EWS as per the Government Resolution

JUDGEMENT

The contentions of the petitioners were that the tribunal erred in holding the position that the GR was applied retrospectively. The respondents claimed that In the Advertisements pertaining to the recruitment processes, the vacancies for SEBC and EWS were notified separately, and even the procedures prescribed for procuring the certificates under the said categories were different and distinct under the various GRs.

The court held that the advertisements mentioned the specified number of posts allotted as  per the reservation and any changes would be communicated. The Advertisements inherently acknowledged that the reserved posts were not fixed and that any alterations would be duly notified. Further it held that applying the principle of retrospectivity requires consideration of the fact that GRs were issued under the executive power of the State to address perceived injustices for a specific class. The retrospective effect reasoning given by the tribunal was set aside by the court.

Subsequently, the tribunal’s order was set aside and the petition was allowed.

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Written by- Sanjana Ravichandran

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Ews Resevation Suitable For India Or Not:

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  1. The impact of EWS reservation on social equality in India:

The impact of EWS reservation on social equality in India has been a subject of debate and discussion. While proponents argue that it promotes inclusivity and addresses historical disadvantages faced by economically weaker sections, critics question its effectiveness in truly uplifting the marginalized groups.

The implementation of EWS reservation has undoubtedly provided opportunities for education and employment to those who were previously excluded. However, challenges remain in ensuring equitable access to these benefits as well as addressing the deeply entrenched social and economic disparities that persist in Indian society. The success of EWS reservation in promoting social equality ultimately depends on the comprehensive measures taken by the government to address the root causes of inequality and uplift the economically weaker sections. Efforts should be made to improve the quality of education provided to EWS students, ensuring that they receive the same standard of education as their privileged counterparts.[1]

Additionally, the government should focus on providing skill development programs and employment opportunities to EWS individuals, enabling them to break free from the cycle of poverty. Furthermore, there should be strict monitoring and enforcement of the reservation policy to prevent misuse and ensure that deserving candidates truly benefit from it. Only through these concerted efforts can EWS reservation truly bring about the desired social and economic transformation in Indian society.

  1. Assessing the effectiveness and implementation challenges of EWS reservation policies:

To evaluate the effectiveness of EWS reservation policies, it is crucial to conduct thorough assessments and analysis of the outcomes. This can be done by tracking the progress of individuals from economically weaker sections who have availed the reservation benefits and measuring their social and economic upliftment. The government should also address implementation challenges such as ensuring transparency in the selection process, preventing corruption, and providing adequate resources for the successful implementation of the reservation policies. By addressing these challenges and conducting regular evaluations, the government can make necessary improvements and ensure that the EWS reservation policies are truly effective in bringing about the desired social and economic transformation.

Furthermore, it is crucial for the government to actively monitor the impact of the EWS reservation policies on the targeted sections of society. This can be done through rigorous data collection and analysis, tracking the progress of individuals and communities who have benefited from the reservations. By measuring their social and economic upliftment, the government can assess the effectiveness of these policies in addressing the historic inequalities faced by the EWS population. Additionally, it is imperative for the government to address implementation challenges that may hinder the successful execution of the reservation policies.

  1. Exploring the historical context and evolution of reservation systems in India:

The historical context and evolution of reservation systems in India are essential to understanding their impact on society. Reservation policies were first introduced in India in the early 20th century as a means to address the social and economic disparities faced by marginalized communities. These policies aimed to provide representation and opportunities for historically disadvantaged groups, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Over time, the reservation system has evolved and expanded to include other sections of society, such as economically weaker sections (EWS) and women. Understanding the historical development of these policies can shed light on their intended goals and their impact on social equality. The reservation system has been both praised and criticized for its effectiveness in uplifting marginalized communities. While it has undeniably provided opportunities for education and employment for those who were previously denied access, some argue that it has also created a sense of dependency and perpetuated the notion of caste-based divisions in society. Nevertheless, the reservation policies continue to be an important tool in addressing historical injustices and fostering inclusivity in India.[2]

Reservation policies in India have been instrumental in providing representation to historically marginalized communities in various sectors, such as government, education, and public services. By allocating a certain percentage of seats or jobs to these communities, the policies aim to rectify centuries-old discrimination and create a more equitable society. However, it is important to periodically review and refine these policies to ensure they achieve their goals without inadvertently perpetuating divisions or hindering merit-based opportunities for all.

  1. Discussing alternative strategies to promote inclusivity and social upliftment beyond reservations in India:

One alternative strategy to promote inclusivity and social upliftment beyond reservations in India is through targeted affirmative action programs. These programs can be designed to specifically address the needs and challenges faced by marginalized communities, without resorting to quotas or reservations. For example, scholarships and mentorship programs can be implemented to provide educational and career opportunities to individuals from disadvantaged backgrounds. Additionally, government initiatives can focus on improving infrastructure and access to basic services in marginalized areas, ensuring that all citizens have equal opportunities for development and progress. Furthermore, promoting diversity and inclusion in the private sector through corporate social responsibility initiatives and diversity hiring practices can help create a more inclusive and equitable society. By actively seeking out and hiring individuals from diverse backgrounds, companies can foster a culture of acceptance and provide opportunities for underrepresented groups to thrive. Moreover, implementing training programs and workshops on unconscious bias and cultural sensitivity can further promote diversity and inclusion within organizations. Ultimately, these efforts can lead to a more equal distribution of resources and opportunities, contributing to a fair and just society for all.[3]

In addition, organizations can also establish mentorship programs and affinity groups to support and empower employees from marginalized communities. These initiatives can provide a safe space for individuals to connect, share experiences, and receive guidance from more experienced colleagues. By investing in these programs, companies can foster a sense of belonging and create a supportive environment that encourages diverse talent to stay and grow within the organization. Ultimately, these actions can drive innovation and drive better business outcomes, while simultaneously nurturing a more inclusive and equitable society.

Conclusion:

By prioritizing diversity and inclusion within the workplace, companies have the opportunity to not only create a more inclusive and equitable society, but also to enhance their own success. When employees feel valued and supported, they are more likely to bring their full selves to work, which can lead to increased creativity, collaboration, and productivity. Moreover, by actively seeking out and amplifying diverse perspectives, companies can better understand and meet the needs of their diverse customer base, ultimately resulting in improved business outcomes. In a world that is becoming increasingly interconnected and diverse, it is essential for companies to embrace and celebrate diversity in order to thrive in the long run.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By : Sushant Kumar Sharma

[1] Alex andrews George, EWS Reservation Eligibility – Know the Criteria to apply for the 10% Economically Weaker Section Quota Seats,  CLEAR IAS (September 30, 2023)  https://www.clearias.com/ews-reservation-eligibility/

[2] K.Venkataramanan, Explained | How has the EWS ruling altered reservations?, THE HINDU (November 13, 2022) https://www.thehindu.com/news/national/explained-how-has-the-ews-ruling-altered-reservations/article66129488.ece

[3] Adithyan, Economically Weaker Section, EWS, CLEARTAX (November 22, 2023) https://cleartax.in/glossary/economically-weaker-section-ews/