The Delhi High Court today ordered that all unaided private schools which start from the pre-school/nursery level shall admit students belonging to disadvantaged Group & Economically Weaker Section to the extent of 25% in Pre-School and in addition they will also admit 25% of additional admission made at the Pre-Primary/KG level and in Class I. The court further held that all unaided private schools starting from pre-primary/KG level shall admit students upto 25% in pre-primary and in addition they will also admit 25% of additional admission made at Class I level. For such schools starting from Class I, the Court ruled that there shall be a reservation of 25% for Economically Weaker Section/Disadvantaged Group in Class I.
While disposing off a petition filed by Social Jurist, through advocate Ashok Agarwal and Khagesh Jha, a division bench comprising the Acting Chief Justice, Justice A K Sikri and Justice Rajiv Sahai Endlaw ruled that in all unaided private schools which start from the pre-primary level, 25% of the total seats will be reserved for EWS/DG students in pre-primary and Class I level.
Placing reliance on a Supreme Court judgment dated 12.04.2012 which had upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act 2009, the court has repeated its earlier order specifying the deadline for special drive by DOE to admit students against all EWS/DG vacant seats by 30.06.2012 in the academic session 2012-13.
Ashok Agarwal, Advocate
23 May 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. NO.______ OF 2011
W.P. (CIVIL) No. 8434/2011
(Public Interest Litigation)
IN THE MATTER OF:
Social Jurist, A Civil Rights Group …… Petitioner
Govt. of NCT of Delhi …… Respondent
APPLICATION ON BEHALF OF THE PETITIONER
UNDER SECTION 151 OF CPC FOR DIRECTIONS
MOST RESPECTFULLY SHOWETH:
1. That the respondent filed an status report on 09.05.2012 in this Hon’ble Court where it has been mentioned that they have sent a letter for clarification to the Ministry of Human Resource Development to clarify that whether EWS /DG admission is applicable in classes other then the class which is starting class in the school in such a case where school starts from pre school (3+) or pre primary (4+) classes and whether it is 25% of strength of class or 25% of new admission in the class.
2. The petitioner submits that the DOE has now issued an order dated 18.05.2012 wherein amongst others it has stated that the vacancies in respect of other classes of schools where the entry class starts from pre school and pre primary, will be displayed on receipt of clarification from Ministry of Human Resource Development, Government of India.
A copy of the said order dated 18.05.2012 is enclosed hereto as Annexure A-1.
3. The petitioner submits that the issues raised by the respondent in the status report dated 09.05.2012 may either be clarified by this Hon’ble Court or in alternative, the HRD Ministry be directed to clarify the issues immediately so that the admission process may be completed by the end of the June 2012 as directed by this Hon’ble Court in the orders dated 09.05.2012. It is respectfully submitted that if the same is not done, the admission process is bound to delayed or defeated.
It is, therefore, prayed that this Hon’ble Court may be pleased to clarify the issues raised by the respondent or in alternative, direct the HRD Ministry to clarify the same immediately.
Ashok Agarwal & Khagesh B. Jha
Advocates for the Petitioner
483, Block-II, Lawyers Chambers,
Delhi High Court, New Delhi – 110003
Ph: 23384000, Mob-9811101923
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