Child Granted Free Education In DG/EWS Category Under RTE Act Cannot Be Removed School Roll For Non-Payment Of Fee: Delhi HC
The Delhi High Court stated that a child granted free education in the DG/EWS category under the RTE Act cannot be removed from the school roll for non-payment of fees.
The Bench restrained the school from treating any child, who was earlier granted free education up to Class VIII in DG/EWS (Economically Weaker Section/Disadvantaged Group) category under the Right of Children to Free and Compulsory Education Act, 2009, as falling under the general category. The School was also restrained from asking such children to pay tuition fee or any other charges from Class IX onwards.
A Single Bench of Justice C. Hari Shankar observed, “The respondent school shall be restrained from treating any child, who was earlier granted free education up to Class VIII in DG/EWS category under the RTE Act, as falling under the general category and now requiring such child to pay tuition fee or any other charges from Class IX onwards. No such child shall be removed from the rolls of the school for non-payment of any fees or charges demanded upon the said respondent treating such child as falling under the general category.”
Advocate N.K. Upadhyay represented the petitioners, while Advocate Prashansa Sharma appeared for the respondents.
The petitioners, parents of children admitted to a school under the EWS/Free ship category as per the RTE Act, raised concerns regarding the school's decision to discontinue their children's education under the EWS quota beyond Class VIII.
The grievance of the parents was that, having provided education to their children as EWS students till Class VIII, the school was now not willing to continue to educate them as EWS students and, instead, called upon the petitioners to continue their education as General category students.
“Apparently, this is on the ground that free and compulsory education to EWS students, whether under the EWS or free ship category, is guaranteed, by Section 12 of the RTE Act only till the age of 14/Class VIII,” the Court remarked.
The parents had also submitted a decision of the Division Bench of the Delhi High Court in a sub judice matter (WP (C) 4170/2019), where it was ordered that no child previously granted free education under the RTE Act should be treated as a general category student from Class IX onwards.
The school attempted to challenge the applicability of this precedent, asserting that it was passed ex-parte and could not bind them. However, the court, considering the arguments stated, “While these arguments may be available to the respondent at a final hearing of the writ petition, we are at a stage of issuance of notice and consideration of the prayer for interim relief.”
Accordingly, the High Court listed the matter for final disposal on July 11, 2024.
Cause Title: Jai Kumar & Ors. v. Govt. of NCT of Delhi & Ors. (Neutral Citation: 2024:DHC:3583)
Appearance:
Petitioners: Advocates N.K. Upadhyay, A. Bhaumik and Udai Bhan Sharma
Respondents: SC R.K.Dhawan; Advocates Prashansa Sharma, Utkarsh Singh, Kamal Gupta, Sparsh Aggarwal, Karan Chaudhary, Nisha Dhawan, V.K. Teng, Shivani Taneja and Anwesha Singh