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SC SETS ASIDE DELHI HC ORDER TO FILL UP VACANT EWS SEATS IN PRIVATE SCHOOLS IN FIVE YEARS

Team SoOLEGAL 8 Sep 2022 5:27pm

SC SETS ASIDE DELHI  HC ORDER TO FILL UP VACANT EWS SEATS IN PRIVATE SCHOOLS IN FIVE YEARS

New Delhi: The Supreme Court recently overturned a Delhi High Court order requiring the state government to fill unfilled seats for Economically Weaker Sections (EWS) in a phased manner over the next five years.

A Bench of Justices Sanjay Kishan Kaul and AS Oka noted in an order issued on September 1 that the issue of whether 25 percent of EWS seats are to be filled based on declared sanctioned strength or actual admissions cannot be the subject of an interim order.

The Bench made it clear that the main issue in the current case before the High Court will have to be decided, which cannot be the basis for any interim relief.

As a result, the Supreme Court overturned the High Court's order that the backlog of unfilled seats in private schools, both on private and public lands, be filled in phases over the next five years.

In June of this year, a division bench of Justices Najmi Waziri and Vikas Mahajan of the Delhi High Court ruled that when schools, both private and public, fail to meet the admission requirements for EWS students, the government must intervene by exercising its duty as a welfare state.

The High Court issued the order after considering the Delhi government's statement that more than 132 private schools were in contravention of admission requirements for the EWS category and had received notices in this regard.

Furthermore, the Delhi government stated that seats in the EWS category should be filled at the "entry-level," but some schools have not admitted EWS students for the past decade or so.

The High Court stated that under the EWS category:

i)             Private schools on private land must admit a 25percent of students in the EWS category for whom re-payment of fees, etc. is made based on expenses incurred for a student of a government school

ii)          Private schools on government land must admit 25percent of EWS category students at the entry-level.

However, it was discovered that only 5 percent of this category's students will be reimbursed by the government, while the remaining 20 percent of EWS candidates' educational expenses will be borne by private schools as a condition for allotment of government land to them.

The High Court had ordered that, in such situations, the State make every attempt to ensure that the backlog of unfilled seats in private schools, both on private and government lands is filled in a phased manner over the next five years, i.e., 20% of the vacancies each year, in addition to the mandated annual 25percent intake.

This resulted in an appeal to the Supreme Court.

The petitioners argued in their plea, filed through advocate Gaurav Kejriwal, that the High Court issued clear instructions on an issue that was not even the subject of the appeal.

According to the petition, the High Court overturned an earlier single-judge decision, which was not even questioned before the Division Bench.

Furthermore, the direction to fill EWS seats at the entry-level of students based on declared sanctioned strength, regardless of general-category strength, is not backed by any provision of the Right to Education Act, according to the petition.

The plea stated that it is widely known that not all general category seats are filled.

On July 19, the Supreme Court stayed the Delhi High Court's order.

The Supreme Court ruled on September 1 that interim orders issued by the High Court were not tenable and couldn't have been issued.

We are unable to understand how clause 4 of the impugned order dated 26.05.2022 can be worked out even if the schools are in default for earlier years as the same cannot be compensated in this manner by an interim order, the Supreme Court stated.

As a result, it overturned the directions enshrined in paragraphs 4 and 5 of the High Court's order.



Tagged: ORDER TO FILL UP VACANT EWS SEATS  
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