The Delhi High Court has dismissed a review petition filed by the NGO Justice For All challenging its earlier judgment that accepted the Delhi Government’s new policy of providing cash to Economically Weaker Section and Disadvantaged Group category students in lieu of school uniforms.

The Court observed that the grounds raised were primarily an attempt to re-argue the case in its entirety, which is outside the scope of review jurisdiction.

The Division Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar held, "This Court is of the opinion that the grounds that have been raised in the present Review Petition are primarily an attempt to re-argue the case in its entirety, which is outside the scope of a Review Petition. It is well settled that the Courts do not interfere with a Policy decision, unless the same is so arbitrary, whimsical and capricious that it shocks the conscience of the Courts. The decision of the Government that it shall provide cash to the students instead of providing uniforms because of the difficulties faced by the Government cannot be said to be completely arbitrary, whimsical or capricious."

Advocate Khagesh B Jha appeared for the Petitioner

A review petition was filed seeking review of the judgment passed by the Court in another review plea in a writ petition. The Court noted that ordinarily a review over a review is not maintainable, but the Court directed that the present review petition would be treated as an application seeking modification of the Order.

A writ petition was filed by the Petitioner seeking implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (‘RTE Act') and more particularly for ensuring the compliance of the mandate of providing free books, uniforms and other study materials to the students admitted under Economically Weaker Section and Disadvantaged Group Freeship Category of the Society, in aided and unaided recognized private schools of Delhi.

During the pendency of that Writ Petition, various directions have been passed by the Court to ensure implementation of the RTE Act, and various contempt Orders have also been passed for non-compliance with the Orders.

A circular was passed by the Directorate of Education stating that in compliance with the directions of the Court, the Directorate of Education has decided to provide writing materials (notebooks and stationery etc.) in kind with effect from the academic session 2023-24 to the children belonging to the EWS/DG category. 

A new policy was also framed indicating that the Government was of the opinion that provision for providing uniforms is a tedious and intensive process, which shall overburden the Department or school in the non-core activity. The tender process through Government E-Marketplace (GeM) is a time-taking process and usually takes approximately about six months. The uniform of each and every school is different and, therefore, the management of different types/varieties/colours of school uniforms is not feasible and is becoming impossible for the Government.

Hence, a Review Petition was filed seeking modification. Subsequently, the Court directed the GNCTD to ensure that an adequate amount is provided to the students for uniforms in accordance with the Policy decision taken by the Government. The Petitioner again filed a review seeking modification of that judgment. 

 The Court held that the Review Petition was again agitating the very same arguments raised at the time of hearing.

It was added that the contention that the policy is contrary to the Statute was argued in the Court at the time of hearing of the application for modification, which was heard by the Court in the Review Petition, which was re-numbered as an application for modification.

"This Court does not find any error apparent on the face of the record or that this Court has omitted to consider any material that was placed before the Court. All the materials provided by the GNCTD, including the new Policy dated 10.06.2025 and Note for Council of Ministers, have been considered by this Court before coming to the decision that the Policy dated 10.06.2025 is not against the mandate of the Statute", the Court held.

Accordingly, the Court dismissed the Review Petition.

Cause Title: Justice For All v. Govt. Of NCT Of Delhi [Neutral Citation: 2026:DHC:9419-DB]

Appearances:

Petitioner: Advocate Khagesh B Jha

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