The Delhi High Court on Friday directed the Arvind Kejriwal-led Aam Aadmi Party (AAP) government to ensure that children belonging to the Economically Weaker Section (EWS) of the society are admitted to private unaided schools.
It said that they should not be treated with disdain for any reason, including doubt of creditworthiness. The children’s counsel argued that the schools denied admission to EWS children.
Justice Chandra Dhari Singh said: “The humiliation caused to small children and their parents can be imagined. This Court, as the guardian of the Constitution, cannot become a mute spectator to the outright bulldozing of human rights by those in the noble service of imparting education, thus bringing it a discredit and disrepute.”
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The 85-page judgment begins with a Sanskrit quote, which states, “Giving food to a person is a great act of charity, but giving education is even better because the satisfaction that comes from eating food is momentary, but The satisfaction that comes from education is permanent.” a lifetime”.
Quoting Mahatma Gandhi, Justice Singh further said that basic education should be free and compulsory for all between the ages of seven and 14, irrespective of the economic background of the person.
The court said that their fundamental right to education is being violated and it is time that the court reaches out to the people and does not wait for them to reach.
“These kids haven’t committed any other crime, but they were born into poverty. The conscience of this court is filled with the sorrows of the poor children and their parents. The situation is appalling, painful and painful. This is a travesty of justice and a complete failure on the part of the State in its duties of a welfare state,” Justice Singh said.
He said: “With the aforesaid analysis as well as in order to mitigate and rectify the pathetic state of affairs prevailing in the NCT of Delhi regarding the implementation of the RTE Act at the elementary education stage, it is appropriate to exercise the powers of the Court under the Constitution. Issues directions to DOE to ensure admission to poor children belonging to weaker sections under Article 226.”
Recently, the Delhi government informed the High Court that it is developing a transparent, equitable and hassle-free admission process for children under the EWS category in unaided private schools.
It also said that a portal has been developed where the number of vacancies is displayed and parents can apply online for the vacancies available under the admission quota.
An NGO Justice for All had filed a writ petition under Article 226 of the Constitution in the form of a Public Interest Litigation (PIL).
PIL directed Delhi government seeking court’s direction to ensure admission of over 44,000 children belonging to weaker sections and disadvantaged groups under the provisions of section 12(1)(c) of the RTE Act, 2009 .
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