Supreme Court Relief for Delhi Private Schools on Filling EWS Admissions | Latest Delhi News

The Supreme Court has overturned an order from the Delhi High Court, which on May 26 ordered private schools to fill reserved seats pending over the past decade in the Economically Weaker Section (EWS) category over the next five years. years.

“We are unable to appreciate how clause 4 of the contested order dated May 26, 2022 can be worked out even if the schools are in default for the prior period, because this cannot be compensated from this way by an interim order,” a bench of judges Sanjay Kishan Kaul and AS Oka said on September 1.

Read also : The 50% reservation cap is not sacrosanct: from the Center to the Supreme Court

The High Court issued the order in response to an appeal by the NGO Justice for All asking private schools to enforce the provisions of the Children’s Right to Free and Compulsory Education (RTE) Act. He called on the state to ensure that 25% of EWS category seats are filled based on reported sanctioned enrollment at the entry level, regardless of the actual number of students admitted to the category. general.

The interim order was challenged in the higher court, saying there was no concept of “declared force” under the RTE Act. The private schools argued that this was a creation of the Delhi Government’s Directorate of Education to force unaided private schools to grant EWS admissions beyond the 25% mandate prescribed by the Act 2009. They said the order referred to a “backlog of unfilled seats”, which does not exist.

Read also : Prayers teaching moral values ​​not confined to religion: Supreme Court

The higher court accepted the argument and asked the high court to first decide the main issue of whether the 25% of seats in the EWS category are filled on the basis of declared sanctioned enrollment or actual admissions. . “We think this cannot be the subject of an interim order… We are therefore of the view that the final appeal will have to be taken in the main case and it cannot be the subject of the nature of the interim relief as granted.”

The Delhi government told the High Court that at least 132 private schools had failed to provide admissions under the EWS category even though notices were issued to them. The High Court order was aimed at schools established on private and public land.