Title: SHAHNAZ KHATOON & ORS. v. GD GOENKA PUBLIC SCHOOL
Decided on: 31 st May, 2023 & 1st June, 2023 CONT.CAS(C) 83/2022
CORAM: HON’BLE MS. JUSTICE MINI PUSHKARNA
Introduction
According to Justice Mini Pushkarna, the court cannot overlook the reality that underprivileged sectors of society must be given equal opportunity to advance in life. “This includes giving students from disadvantaged groups as well as financially backward classes the opportunity to learn in schools alongside kids from other backgrounds so that they can be members of the mainstream of society,” the court stated.
It went on to say that if admissions are denied to candidates under the EWS or DG category on unfair grounds, the limited seats available under the category will be wasted. “Such a situation shouldn’t be allowed, as every vacant seat against the EWS/DG quota represents a denial of quality education to a child from a poor stratum of society,” it said.
Facts of the Case
The statements were made by the court while hearing a contempt petition filed by three children against GD Goenka Public School for failing to comply with an order requiring it to admit them to class 1 under the EWS/DG category.
The pupils were successful in the Delhi Government’s Directorate of Education’s lotteries and were assigned to the school in question, but they were denied admission due to several concerns expressed by the institution. The court granted the petitions and directed the petitioner students to reach out to the school within a week’s duration to seek enrollment in Class 1 under the EWS or DG category. “The defendant school is directed to right away handle the documentation as accepted by means of the petitioner and grant enrollment under the EWS or DG category for Session 2023-2024.
Courts Analysis and Decision
Rejection of enrollment to a kid in the EWS or DG category, according to Justice Pushkarna, would violate such children’s rights under Article 21A of the Indian Constitution as well as their rights within the Constitution’s Right to Education Act 2009.
“The defendant school cannot shirk its duties under Article 21A of the Indian Constitution, which imposes an unambiguous responsibility on the State to deliver free and compulsory schooling to all children aged 6 to 14 years as a vital right,” the court stated. It further stated that under the RTE Act, the institution is required to reserve 25% of its seats with the available or reported strength of its entry-level courses.
Notifications of Recovery for a Larger Pension Noting that the DOE receives an enormous number of applications under the EWS or DG category and that seats are very limited, Justice Pushkarna stated, “Thus, once an institution has been properly provided by the Department of Education to a candidate for enrollment under the EWS/DG category, the educational institutions cannot deny entrance to students under the EWS/DG category by raising such objections.”
Judgement
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Written by- Anushka Satwani
