EWS entries are latest flashpoint between pvt schools, Delhi govt

ON JULY 9, DELHI DIRECTORATE OF EDUCATION (DOE) SAID THAT PRIVATE SCHOOLS WILL HAVE TO ADMIT ALL ALLOTTED EWS CHILDREN IRRESPECTIVE OF GENERAL CATEGORY ENTRIES

NEW DELHI: An association of private schools in the Capital said they will not follow the state education department’s orders on granting admission to all students from economically weaker sections (EWS) in entry-level classes irrespective of entries under the general category, arguing that the order violates the Right to Education (RTE) Act and a 2013 Delhi high court order in a similar case. Government officials, however, dismissed the contention that there was any violation.

Till last year, private schools admitted one EWS student from the government’s list for every three admissions under the general category in entrylevel classes (nursery, KG, and Class 1), as part of the 25% reservation guaranteed to EWS/ disadvantaged group (DG) students in entry-level classes under the RTE Act.

On July 9, the Delhi directorate of education (DoE) said that private schools will have to admit all allotted EWS children irrespective of general category entries.

It added that institutes that want an exemption from this rule because of fewer general admissions will need to seek the directorate’s permission after making efforts to fill all general seats.

SK Bhattacharya, president of the Action Committee of Unaided Recognised Private Schools (ACURPS), alleged that the DoE order violated RTE norms.

“The Right to Education Act reserves 25% seats for EWS/DG children. If a school declares 140 seats and is able to admit only 100 students under the general category, the EWS admissions should be on the basis of those 100 seats where actual admissions have taken place and not on the basis of declared seats,” said Bhattacharya.

In a notice sent to Yogesh Pal Singh, deputy director of education (private school branch) on Friday, Bhattacharya quoted a 2013 Delhi high court judgment on a similar matter and wrote, “[the court noted] if the school attempts to admit as many students as the infrastructure available with it permits but is able to admit fewer students from the General category, it will be required to admit one-third of the number of General category students from amongst EWS category students.”

In a case filed by Sovereign Public School in the Delhi High Court in 2013, the petitioner school stated that since it was able to fill only 51 out of 140 general seats, the school should be allowed to admit 17 EWS students instead of 38 seats cited by the education department.

The court allowed the school to do as it had “made attempts” to fill the general category seats.

The 2013 high court order added, “If the petitioner-school made attempts to admit 105 students from the general category but was able to admit only 51 students, it cannot be compelled to admit more than 17 students belonging to Economically Weaker Sections of the society.”

The notice sent by the private schools’ association, a copy of which was seen by HT, also declared that all private unaided schools should make “sufficiently reasonable efforts, depending upon their financial position and other means of infrastructure at their disposal” to fill the general category seats declared by them as asked by the court.

“In the facts and circumstances narrated above, you are hereby put to notice that since the schools and the DoE are bound by the judgment of Delhi high court, which does not require any permission to be taken from the DoE, for making proportionate admissions in general and EWS category, the school shall be following the law as declared by the Hon’ble high court only. Your circular being in violation of the law and therefore, being null and void and non est is not binding,” Bhattacharya wrote in the letter.

Despite repeated messages and calls, Singh did not respond for comment.

However, a senior official of the education department, requesting anonymity, said the department did not violate any court order or the RTE Act.

“The department has allowed schools to file for an exemption if they don’t have necessary general category admissions. This is necessary because we have to ensure schools are making genuine efforts to fill their general seats as cited in the order. Our order also stated that exemptions can be made if schools make the necessary efforts to fill general category seats,” the official stated.

Acting on complaints of several EWS parents, deputy chief minister Manish Sisodia on June 30 directed all private schools in the Capital to ensure admissions to all EWS students allotted seats in private schools regardless of general category admissions.

However, due to the drop in general category admissions during the pandemic, several schools said they were finding it tough to accommodate all students.

Rajbir Kaur, principal of DAV Public School in Sector 7 Rohini, said that they were allotted 40 EWS students by the department this year as per their usual 140 seats. But so far, the school has only managed to admit 40 students under the general category due to multiple reasons including mushrooming of private schools in the vicinity, migration of families, and financial constraints due to the pandemic.

“Schools have been hit hard during the pandemic. If we admit more EWS students who need to be provided with free books and uniforms without sufficient general category admissions, the burden of generating resources will fall on the fee structure of parents from children in the general category who themselves have also been demanding concessions during the Covid-19 crisis,” she said.

Experts said that this would mean that the struggle for EWS students will continue in the coming days.

Ekramul Haque, who runs NGO Mission Taleem, said, “Despite the government’s orders, EWS students are still not being admitted in private schools which still cite the same 3:1 formula. Schools are using the government’s exemption order to play around the existing norms and deprive the children of their rights.”