Introduction:

In a recent ruling, the Delhi High Court addressed a petition seeking admission for a student from the Economically Weaker Section (EWS) in a private school for the academic year 2024-2025. The case involved interpretation of provisions under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), regarding admission to entry level classes.

Arguments:

The petitioner, represented by Advocate Rishabh Kapur, sought admission for the student based on the outcome of a computerized draw of lots conducted by the Department of Education (DoE) for the academic year 2022-2023. However, the respondent-school refused admission, prompting the petitioner to approach the court. The key contention revolved around the interpretation of the RTE Act and the applicability of admission rights beyond the entry-level classes.

Court’s Judgement:

The Court dismissed the petition, clarifying that the right to admission for EWS students under the RTE Act is specific to the academic year and class for which the child applies. The benefit of computerized draw of lots conducted by the Department of Education (DoE) applies only for that academic year, and cannot be extended to subsequent years or different classes. The Court emphasized that Section 12 of the RTE Act applies to entry level classes only, obligating private unaided schools to reserve seats for EWS students.