Relief for pvt schools as SC sets aside order on filling EWS admissions

New Delhi, Sep 08: The Supreme Court has set aside an order of the Delhi High Court which had directed private schools on May 26 to fill up reserved seats pending over the past decade under the Economically Weaker Section (EWS) category in the next five years.

"We are unable to appreciate how clause 4 of the impugned order dated May 26, 2022, can be worked out even if the schools are at default for the earlier period of years as the same cannot be compensated in this manner by an interim order," the Bench comprising Justices Sanjay Kishan Kaul and A S Oka said. The order was passed by the Bench on September 1.

The order of the High Court was issued in response to a petition by NGO Justice for All which sought directions to private schools to enforce the provisions of the Right of Children to Free and Compulsory Education (RTE) Act.

The court had directed the state to ensure 25 per cent of seats under the EWS category are filled up on the basis of the declared sanctioned strength at the entry level. This is to be done irrespective of the number of actual students admitted under the general category.

The Delhi government had told the High Court that at least 132 private schools have failed to provide admission under the EWS category even as notices were issued to them. The High Court order was meant for schools that were set up on private as well as government land.

The order was challenged in the Supreme Court stating that there was no concept of declared strength under the RTE Act. The private schools contended that it was a creation of the Delhi government to force the private unaided schools to grant EWS admissions beyond the mandate of 25 per cent prescribed under the 2009 law. The order also referred o a backlog of unfilled seats which did not exist the private schools also contended.

While accepting the argument the SC directed the High Court to first decide the main issue as to whether 25 per cent of the seats under the EWS category is being filled up on the basis of the declared sanctioned strength or actual admissions.

"We do believe that this cannot form the subject matter of an interim order. We are thus of the view that the final call will have to be taken in the main matter and it cannot be a subject matter of the nature of interim relief as granted," the Supreme Court said.