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.