Court rules against granting admission to EWS student for a new academic year when no interim relief was provided during the pendency of the case.
In a significant judgment, the Delhi High Court has ruled that an Economically Weaker Section (EWS) student's right to admission in a specific school extinguishes after the academic year concludes if no interim relief or provisional admission was granted during the pendency of the case. The case, Pooja as Guardian of Baby Devanshi Jaisawar v. Aadharshila Vidyapeeth, was decided by the Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.
The case arose when Baby Devanshi Jaisawar was denied admission to Class I at Aadharshila Vidyapeeth, despite being allotted a seat through a computerized draw of lots conducted by the Directorate of Education (DoE) for the academic year 2023-2024. The denial was based on the school's claim that EWS seats would only be filled after general category seats were occupied. The guardian, Pooja, filed a writ petition on October 7, 2023, seeking a court directive for admission.
The court, however, noted that the appellant was offered an alternate school, Spring Field Public School, which was among the preferred options chosen during the application process. Despite this, the appellant refused the alternate offer and insisted on admission to Aadharshila Vidyapeeth.
In the judgment, the court referenced the earlier case of Ankit Kumar v. GNCTD, asserting that without provisional admission or a reserved seat during the case proceedings, the right to admission is nullified once the academic year ends. The appellant's reliance on the Supreme Court judgment in S. Krishna Sradha v. State of Andhra Pradesh, pertaining to MBBS admissions, was deemed inapplicable as it dealt with exceptional circumstances specific to medical admissions.
Highlighting the objective of the Right of Children to Free and Compulsory Education Act, 2009, the court emphasized that while the Act aims to ensure educational access, it does not guarantee the right to select a particular school. Consequently, the appeal was dismissed, reaffirming the position that educational rights under the EWS category must be exercised within the designated academic timeframe.
Bottom Line:
Right to Education - Admission under Economically Weaker Section (EWS) category - Relief for admission cannot be granted for a subsequent academic year if no provisional admission or reservation of seat was made during the pendency of the case.
Statutory provision(s):
- Right of Children to Free and Compulsory Education Act, 2009
