“A child without Education, is like a bird without wings.” – Tibetan Proverb

In this modern era Education is an important pillar for one’s survival. Denial of this basic human right is a grave concern. In a recent judgement the Delhi HC, in the case of Arth Lakra (Minor) vs. Indraprastha World School, has observed “Denial of admission by a school under the EWS/DG category even after allotment of school by DOE, frustrates the noble objective of the RTE Act, 2009. It violates the fundamental rights of children belonging to EWS/DG category, as enshrined under Article 21-A of the Constitution, as also undermining the object of the RTE Act.”

This matter relates to a minor child whose admission was denied by the said school. A PIL was filed regarding this and following that an interim order was passed by the HC in which an enquiry was to be conducted by the Directorate of Education (DOE) on the objection raised by the school that the petitioner was not staying at the given address within one kilometre from the school. It was found that Arth was residing at the address mentioned in the Aadhar Card. 

A single bench of Justice Mini Pushkarna, after keeping all the facts and circumstances in view further noted, “If this Court is to doubt the genuineness of the exercise of scrutiny and investigation carried out by the DOE as regards the residence of children on the basis of such objections as raised by the school, then many children would be deprived of admission under the EWS/DG category. This would defeat the very purpose of the provisions of The Right of Children to Free and Compulsory Education Act, 2009 (RTE, 2009).”