Authority to grant admission to students in EWS, DG category is with DoE: Delhi HC

NEW DELHI: The Delhi High Court has observed the paramount importance of child welfare in cases of admission under the Economically Weaker Sections (EWS), Disadvantaged Group (DG) or Children With Special Needs (CWSN) category. Justice C Hari Shankar stated that once the Directorate of Education (DoE) determines a child's entitlement to preferential admission, the school cannot refuse admission.

Noting the authority bestowed upon theDoE to grant admission in EWS/DG/CWSN categories, the court said, "It is the DoE which is required to carry out requisite verification and satisfy itself that the child in question is entitled to preferential admission.

“The authority to grant admission to EWS/DG/CWSN category has been conferred on DoE.... If the DoE is satisfied on that count, the respondent-school cannot refuse admission to the child.”

The order stressed that the law cannot tolerate a situation where a school denies admission despite the DoE's approval.

The case involved a 7-year-old boy who was denied admission by a school under the EWS category, despite the DoE's allocation.

Justice Shankar, while allowing the plea, upheld a previous order directing the school to admit the minor in Class I for the academic session 2023-2024 under the EWS/DG/CWSN category.

The court ordered the school to regularise the child's admission, ensuring his continued education in accordance with the law.

“The admission of the petitioner shall stand regularised accordingly. This writ petition is allowed in the aforesaid terms,” the court said.