Delhi High Court Said Independence Achieved In 1947 But Socio-economic Freedom Is Still Far Away

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delhi high court
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The Delhi High Court on Friday lamented that children belonging to the Economically Weaker Section (EWS) have not been able to get their rights of admission in private schools. The court directed the Directorate of Education (DOE), Government of Delhi, to ensure that the Right to Education Act is implemented in letter and spirit so that EWS get due representation.

Justice Chandradhari Singh said in his judgment that today the countrymen are celebrating the Amrit Mahotsav of Independence, because we had achieved political independence in 1947, but social and economic independence is still far from us. The court said that it is high time that the judiciary steps in as people are not able to take advantage of their fundamental rights. All private schools shall ensure that the provisions of the Act are implemented in letter and spirit, the court said.

The court passed the order while hearing 39 petitions by students and their parents seeking admission in private schools under the EWS quota. Despite the children having confirmed admission letters from the DOE, the schools denied them admission. The counsel for the petitioners claimed that to add insult to injury, the gates of the school were literally closed in the face of the shortlisted students and their parents.

The court remarked that one can imagine the humiliation faced by the young children and their parents. This Court as the guardian of the Constitution cannot become a mute spectator to the outright bulldozing of human rights in the noble service of imparting education. In its judgment, the court issued several important directions saying that all schools have to ensure that the provisions of the RTE Act are implemented in letter and spirit. EWS students will not be denied admission or subjected to indecent conduct. In case of erring schools, the education department will issue strict orders and will not hesitate to initiate the process of de-recognition.

Make sure admission in the prescribed period DOE
The court also directed that the DOE shall ensure that all students shortlisted and notified for admission in the neighborhood school are admitted at the earliest within one month or within such period as may be prescribed by the appropriate authority subject to the provisions of the Act . In this regard, the court directed the DOE to conduct an inquiry and call for necessary documents to authenticate the credentials of the child and his/her parents found suitable for admission in the respective neighborhood schools under EWS quota. The court clarified that Suspicion or doubt as to the credentials of the candidate based on the fact-finding exercise carried out by the school cannot be a ground for denial of admission.

Detailed

The Delhi High Court on Friday lamented that children belonging to the Economically Weaker Section (EWS) have not been able to get their rights of admission in private schools. The court directed the Directorate of Education (DOE), Government of Delhi, to ensure that the Right to Education Act is implemented in letter and spirit so that EWS get due representation.

Justice Chandradhari Singh said in his judgment that today the countrymen are celebrating the Amrit Mahotsav of Independence, because we had achieved political independence in 1947, but social and economic independence is still far from us. The court said that it is high time that the judiciary steps in as people are not able to take advantage of their fundamental rights. All private schools shall ensure that the provisions of the Act are implemented in letter and spirit, the court said.

The court passed the order while hearing 39 petitions by students and their parents seeking admission in private schools under the EWS quota. Despite the children having confirmed admission letters from the DOE, the schools denied them admission. The counsel for the petitioners claimed that to add insult to injury, the gates of the school were literally closed in the face of the shortlisted students and their parents.

The court remarked that one can imagine the humiliation faced by the young children and their parents. This Court as the guardian of the Constitution cannot become a mute spectator to the outright bulldozing of human rights in the noble service of imparting education. In its judgment, the court issued several important directions saying that all schools have to ensure that the provisions of the RTE Act are implemented in letter and spirit. EWS students will not be denied admission or subjected to indecent conduct. In case of erring schools, the education department will issue strict orders and will not hesitate to initiate the process of de-recognition.

Make sure admission in the prescribed period DOE

The court also directed that the DOE shall ensure that all students shortlisted and notified for admission in the neighborhood school are admitted at the earliest within one month or within such period as may be prescribed by the appropriate authority subject to the provisions of the Act. . In this regard, the court directed the DOE to conduct an inquiry and call for necessary documents to authenticate the credentials of the child and his/her parents found suitable for admission in the respective neighborhood schools under the EWS quota. The court clarified that Suspicion or doubt as to the credentials of the candidate based on the fact-finding exercise carried out by the school cannot be a ground for denial of admission.

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