‘Carrying forward unfilled EWS seats doesn’t infract RTE Act’

New Delhi: Schools carrying forward unfilled seats under the economically weaker section or disadvantaged group categories to the next class in the subsequent year does not infract the Right To Education (RTE) Act or any other legal provision, the Delhi High Court said on Monday.

The high court said admission of EWS/DG students to the extent of at least 25 per cent of the strength of its entry level class is the statutory obligation of every school which falls within Section 2(n)(iv) of the RTE Act.

If a school defaults, there is nothing illegal in directing it to make up the deficit in the next higher class in the next year, it said.

“The court holds that the principle of carry-forward of unfilled EWS/ DG category vacancies in a particular class in one year, to the next class in the next year in the same school, is legal and valid, as has already been held by the division bench,” Justice C Hari Shankar said in a 40-page judgment.

The court’s verdict came while dealing with a plea by the mother of a 5-year-old girl who was denied admission in KG or Pre-Primary class under EWS/ DG category by a private school thrice for the academic sessions 2021-2022, 2022-2023 and 2023-2024. In the interim, the court had in September directed the school to provisionally admit the child in class I in the 2023-2024 academic session as an EWS student, subject to the final outcome of the petition.

While disposing of the petition, the court said the girl shall continue to study as an EWS student in class I in the same school till the end of the present academic year as it would be completely opposed to her interests to uproot her mid-session from the class.

It ordered the Directorate of Education (DoE) shall ensure that she is admitted to Class II in one of the neighbourhood schools in 2024-2025 as an EWS/ DG candidate.

DoE shall ensure that the child continues to receive education in the said school till the age of 14, as per the provisions of the RTE Act and it shall bear the fees for her education in accordance with the law.