New Delhi [India], November 26 : The Delhi High Court on Tuesday directed the Directorate of Education (DoE) to decide on a representation challenging the Circular dated November 11, 2024, issued by the Director of Education, which allegedly creates separate admission timelines for children from weaker sections, disadvantaged groups, and the general category.
The bench of Justices Manmohan and Justice Tushar Rao Gedela after noted down the submissions at length from all sides, disposed of the plea and asked the concerned authorities to decide the representations within 4 weeks, made by the petitioner
The petition sought direction to quash the circular and urged the Delhi Government to strictly comply with the binding guidelines issued on 26.10.2022 to prevent discrimination.
The petition also called for the implementation of a unified admission schedule in accordance with Section 15 of the RTE Act, 2009, and Clause 4(i) of the notification dated 7.1.2011 issued by the Lt. Governor of Delhi.
A plea was moved by Justice for All NGO, represented by Advocates Khagesh Jha and Shikha Sharma Bagga, addressing the concerns of over 1,50,000 prospective applicants for around 50,000 seats in various private schools across Delhi.
The petition challenges the Director of Education's circular dated 11.11.2024, which the NGO argued undermines the principle of inclusiveness, a foundational element of the RTE Act.
The circular, according to the plea, unlawfully exempts schools from the provisions of Section 12(1)(c) of the RTE Act, along with the statutory rules for EWS (Economically Weaker Sections) admissions, as notified by the Lt. Governor of Delhi.
The petition contended that this exemption, granted without legal authority, disproportionately affects children from weaker sections, who lack the means to voice their concerns or access constitutional protections.
The plea further highlighted that the circular segregates admission timelines for the EWS category from the general category and makes EWS/DG (Disadvantaged Group) admissions contingent on the general category schedule. This practice, the petition argued, conflicts with the core objectives of the RTE Act and violates the right to education guaranteed under Article 21A of the Constitution of India.