Delhi HC Orders Increase Of Income Threshold From Rs 1 Lakh to Rs 5 Lakhs For EWS Admissions In School
The Delhi High Court has directed that the threshold income for admissions under the Economically Weaker Section (EWS) category for schools in Delhi should be increased from Rs. 1 Lakh per annum to Rs 5 Lakhs per annum.
The court noted that NCT of Delhi has the lowest requisite income criteria as compared to the amount of Rs. 8 lakhs per annum followed by most of the States.
In that context, the Bench of Justice Purushaindra Kumar Kaurav observed that,"In the considered opinion of this court, the threshold income of Rs. 1,00,000/- does not precisely reflect the economic hardships faced by the families in the contemporary times and therefore, it ought to change with the dynamism of the economic structure of the society. A comparative analysis of the said threshold income criterion in the NCT of Delhi with rest of the States and Union Territories would signify that the NCT of Delhi has the lowest requisite income criteria as compared to the amount of Rs. 8 lakhs per annum followed by most of the States."
It was also observed that, "It is apparently forcing the common people, who otherwise fall in the bottom line of the economic strata, to resort to unfair means to secure admission for their children or to keep their hands off from the benefits of welfare legislation. In the present times, injustice may or may not reach the courts, but the constitutional courts must endeavour to reach the injustices."
Counsel Vaibhav Sethi, along with others, appeared for the petitioner, while Counsel Santosh Kumar Tripathi, along with others, appeared for the respondents.
In this case, a minor student filed a petition challenging the Directorate of Education's show cause notice dated January 24, 2019, and the subsequent order dated February 9, 2021, issued by Sanskriti School, resulting in the cancellation of the student's admission.
The petitioner's father had obtained an income certificate from the Tehsildar, stating an annual income of Rs. 67,200 from all sources, allowing the student admission in 2013 under the EWS quota. However, in January 2018, the father wrote to the school, requesting a change in the petitioner's category from EWS to General and a modification in the residential address, leading to an inquiry. The investigation revealed discrepancies in voter IDs, resulting in an FIR against the father. The petitioner's family had never resided in the EWS resident camp, leading to the admission cancellation. The income certificate, based on misrepresentation, was declared void by the DM.
Although an earlier petition against admission cancellation was allowed due to a lack of a show-cause notice, the admission was again cancelled on August 13, 2018, based on a status report. Another petition challenging this cancellation was allowed on the grounds of violating principles of natural justice. A subsequent show cause notice was issued, and after considering the petitioner's father's submissions, the Directorate of Education passed an order on February 9, 2021, cancelling the admission.
Observing that "As the custodian of the constitution which seeks to weed out arbitrariness, this court cannot allow anyone to overwhelm the scheme of the welfare legislation in question by playing maneuvers", the Court refused to interfere with the show cause notice and impugned order.
However, the Court also noted that the student was not at fault, and his father perpetuated the misdeeds. Therefore, the Court directed that the student's admission must remain undisturbed, but must be recognised in the General Category.
Noting that nothing could be more unfortunate for a school-going child, at the stage of learning ethical and moral values, being made to suffer on account of the misdeeds of his father, the Court directed that, "only a sum amounting to the tune of Rs. 10,00,000/- (Rupees ten lacs only) is imposed as costs in lieu of the cancellation of the admission of the petitioner vide orders dated 09.02.2021 and 15.02.2021, and in lieu of continuation of the petitioner‟s admission. Let the same be deposited with respondent no.2-School within six months of the passing of this judgment. The said amount be utilized by respondent no.2-School for aiding the needs of the children admitted in respondent no.2-School in EWS category, under intimation to respondent no.1-DOE."
Finally, to align the scheme with its intended purpose and to curb the evils such as the one practiced in the instant case, the Court directed that the Government of Delhi, after assessing the prevailing economic conditions in the NCT of Delhi and considering other relevant factors therein, shall take a decision as expeditiously as possible to increase the existing threshold income of Rs. 1 lakh per annum to a commensurate amount which corresponds to the living standards of the intended beneficiaries of the scheme in the NCT of Delhi.
Cause Title: Master Singham vs Directorate of Education & Anr.
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