Delhi HC Reaffirms EWS Admission Mandate: Education Rights Independent of Fee Reimbursement
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The Delhi High Court ruled that private schools cannot deny admission to EWS category students due to the government's failure to reimburse fees. The court emphasized that the statutory obligation under the RTE Act is absolute and independent of financial disputes between schools and the state.
The Delhi High Court recently delivered a landmark judgment emphasizing that private schools cannot refuse admission to students under the Economically Weaker Section (EWS) and Disadvantaged Group (DG) categories on the pretext of non-reimbursement of fees by the state government. The court clarified that the duty to provide education under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, is a statutory obligation that exists independently of any financial settlement between the school and the government.
The ruling came in response to petitions where schools argued that the government’s failure to pay the per-child expenditure justified their refusal to admit EWS students. However, the Court observed that the RTE Act was enacted to fulfill the constitutional mandate of Article 21A, which guarantees the right to education as a fundamental right. Section 12(1)(c) of the Act specifically mandates private unaided schools to reserve 25% of their seats for children from weaker sections and disadvantaged groups.
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