PIL Moved in Delhi HC against segregated admission timelines for weaker sections and general category

Nov 25, 2024

New Delhi [India], November 25 : A Public Interest Litigation (PIL) has been filed in the Delhi High Court challenging the Circular dated 11.11.2024 issued by the Director of Education, allegedly creating separate timelines for the admission of children from weaker sections, disadvantaged groups, and the general category.
The PIL seeks to quash the circular and urges the Delhi Government to strictly comply with the binding guidelines issued on 26.10.2022 to prevent discrimination. The petition also calls 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 has been 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 argues 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 contends 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 highlights 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 argues, conflicts with the core objectives of the RTE Act and violates the right to education guaranteed under Article 21A of the Constitution of India.