EWS admission in pvt schools: 3-year residency criteria for migrants quashed

Coming down heavily on the government for "sub-classifying children belonging to weaker sections" on basis of residency, the Delhi High Court has quashed an order that requires migrant parents to stay in the city for three years continuously before their children can be admitted in a private school under the EWS category.

The court noted that the government "cannot issue such instructions, in exercise of the powers conferred upon it" because it went against provisions of the RTE Act.

"The respondent lacks competence to restrict admission in the category of children belonging to weaker sections only to those who have been staying in Delhi for a particular period. As a result of the restrictive definition of... children belonging to weaker sections..., a whole category of children belonging to weaker sections have been excluded from the benefit which the Statute accorded to them, merely because they have not been staying in Delhi for the past three years or more," the order states.

In an affidavit filed before the High Court, the Directorate of Education had said to study in a private unaided school under the EWS category, a migrant child must have stayed in the capital for three years so that his "education or seat does not go to waste".

The affidavit added that children who did not fit the bill were free to go to government schools, which have no such criteria.

The court also rejected the government's claim that it was only trying to "regulate admission in the 25 per cent quota so as to have optimal utilisation of such seats".

"I find no merit in the contention... by requiring residence in Delhi for at least three years, the respondents are certainly... creating two sub-classes of such children, one belonging to those who have been staying in Delhi for more than three years and one for those who have been staying in Delhi for less than three years," the order passed by Justice V K Singh said.

"A child whose parents have a total income of Rs 1,00,000 from all sources, irrespective of the period of his stay in Delhi, shall be deemed to be a child belonging to the weaker section and shall be entitled to be considered for admission in the category of "children belonging to weaker sections," the order said.

http://www.indianexpress.com/news/ews-admission-in-pvt-schools-3year-residency-criteria-for-migrants-quashed/1180595/0