26 May 2020


High Court of Delhi

Siddharth International Public School v. Motor Accident Claim Tribunal and Anr.




25% admission to children belonging to EWS under the RTE Act cannot be held to be upper limit

Master Priyanshu, aged about 7 years, was injured in a motor accident and his left leg was amputated below knee. Petition for compensation is pending before Motor Accidents Claims Tribunal (MACT). Mother of injured boy moved an application seeking a direction that, boy be admitted in a school under 'Economically Weaker Section’ (EWS Category). Petitioner assailed direction by MACT and order of Single Judge that, Appellant school shall grant admission to Master Priyanshu in Class I.

25% admission to children belonging to EWS under the RTE Act cannot be held to be upper limit. Intendment of Act is to provide admission to the children belonging to weaker sections in all schools to the extent of at least 25%. In terms of sub-Section (2) of Section 12 of RTE Act, unaided schools which provided free and compulsory elementary education to children belonging to weaker section and disadvantaged group in neighbourhood, including Appellant school would be reimbursed the expenditure so incurred and that no prejudice would be caused to Appellant school by complying with directions in order under appeal.

Admittedly, this is a case where Master Priyanshu is not only a child belonging to weaker section but he is also a differently abled child with a prosthetic leg. Appellant school is located in locality where boy resides. Therefore, Single Judge was fully justified in directing Appellant school to admit Master Priyanshu in Ist Standard. Court while rejecting the appeal was of the view that, Appellant school cannot be allowed to escape from statutory mandate merely on ground that during the pendency of writ petition, boy was admitted in a local municipal school.


Section 12 of Right to Education Act, 2009

Tags : Admission Grant Weaker Section

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