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Court fixes distance criteria for EWS admissions
All private schools have to reserve 25% seats for the poor
| New Delhi | January 31 2012
The Delhi high court on Tuesday laid down the formula for admission in private schools under the EWS quota. It said the schools will first have to admit children living within one km and if the seats remain vacant they will admit those living within three km, later to those living within six km and beyond.
Disposing of a petition filed on behalf of unaided schools, the court cleared all confusion regarding EWS admission in private schools. Under the Right to Education (RTE) Act, the private schools have to reserve 25% seats for children from the economically weaker section.
The Federation of Public Schools, a group of more than 300 private schools in Delhi, had challenged the validity of the government’s notification amending RTE rules prescribing no distance limit for the EWS and disadvantaged group students.
Schools had said that they will not take children under the EWS quota living beyond one km. The government had earlier ordered that all EWS seats should be filled on neighborhood criteria adopted by schools for children of general category.
“The high court’s order is even better than the government’s order as schools had defined their own neighborhood criteria for general category. This order will ensure that all seats under EWS will be filled,” said Ashok Agarwal, a senior advocate and an activist.
RP Malik, chairman of Federation of Public Schools, said schools will comply the order. “We have a meeting of all the schools on Feb 8 to decide on further action,” he said.
dear ruchi and batra
we can understand your concern about delay fixation but we must understand the limitation and situation before Hon'ble court. The federation of unaided public school approched the court in first week of januray and later the single judge had stayed the operation of process on 10th of januray itself but the schools and doe did not cared for it and continued the process. the purpose of petition was that the school refused to admit any child beyond 1 k.m. as Delhi RTE rule defines neighborhood as one K.M. and DOE cant notify against its rule. later one amendment came from DOE in last week of junuary and court had clearified the same. As per ruchi your concern is about non availability of public school near your home i want to clear that the RTE act guarentee a school in neighborhood which includes govt. school also hence court have nothing to do with this aspect as it is beyond jurisdiction of court to go agiainst a central act whether petitioners has not challenged the validity of act.
High court make new rules after submitted admission form. why this rules make earlier? this criteria is wrong to select the ews students. from my home there is no school available upto 2 km what can i do ? Where i am going? i am waiting for 5km sca
High Court had not taken up the case at the time parents submitted admission forms for wards in schools of choice. I had not taken heed of the distance of schools from my home while submitting forms because at that time there was no rule like this. When all parents have submitted the forms before 16-Jan-2012, then what was the need of the high court to introduce the distance rule on Jan 31? I don't want to say that new rule is incorrect but going by the old rules i did not plan on filling the forms for nearest school.
High court should implement new rules next year onwards.
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