Ensure admission of children from weaker sections, disadvantaged groups to schools: PIL in Delhi HC
Feb 03, 2022
New Delhi [India], February 3 : A Public Interest Litigation (PIL) has been moved in the Delhi High Court seeking court direction for admission of children belonging to weaker sections and disadvantaged groups to every seat they are entitled to.
The Plea seeks court direction to Delhi Government to ensure the admission of over 44,000 children belonging EWS/DG under the provisions of section 12(1)(c) of RTE Act, 2009 either by processing the applications already pending with them or by the exercise of the jurisdiction conferred to the chairperson District admission monitoring committee under the provisions of clause 7 of Gazette notification extraordinary dated 07.01.2011.
The petition has been moved by 'Justice for All', an organization of lawyers and social activists, through Advocates Khagesh B. Jha and Shikha Sharma Bagga. It seeks direction to the respondent Director of Education to initiate action against schools that failed to admit
the students allotted seats in their schools
It also seeks direction from the respondents Delhi Commission of protection of Child Rights (DCPCR) and the National Commission for protection of Child Rights (NCPCR) to perform their duty under sections 31 and 32 of the RTE Act, 2009 and monitor the process of admission of children.
The matter was listed on Thursday before the Division bench headed by Chief Justice Delhi which transferred the matter to another Division bench which already examining several related matters for hearing the matter for Friday (tomorrow).
The plea which has made a party to several repudiated private schools of Delhi further alleges the blatant violation of the fundamental rights of over 50,000 children waiting for admission since April 2021 and victims of the government inaction to perform their duty imposed with them under the provisions of articles 19(1)(a), 21 and 21A of Constitution of India.
with the provisions of section 12(1)(c) of the RTE Act, 2009, the plea is seeking indulgence from this court to ensure their admission against the seats reserved for them under the above-stated scheme to guarantee their fundamental right are guaranteed to them.
The Plea further states that of children who applied for admission in the month of April 2021 for the session 2021-22 approximately 50,000 are entitled to admission as per the actual enrolment in the school.
The director of education delayed the process on their own and now refusing the admission on the ground of delay in admission which is the duty of appropriate government i.e., the respondent Delhi Government themselves, the petitioner alleged.
