NEW DELHI: In a landmark verdict, Delhi high court on Monday directed playschools that were allotted land at concessional rates in the capital to offer 25% of their seats free of charge to children from the weaker sections.
A division bench of Chief Justice G Rohini and Justice R S Endlaw said Directorate of Education (DoE) must do a yearly compliance check and Delhi Development Authority (DDA) must cancel the lease of schools flouting this order.
“People affected by such an attitude of the respondents (government and DDA) are most in need of education, and for providing which the scheme (allotment of land at concessional rates) was devised,” the court said, slamming DoE and DDA for passing the buck. While DoE had said the issue of compliance was between DDA and the schools, the land owning agency claimed it had not received any complaints.
“We do not expect the weaker sections of the society, for whose benefit the aforesaid scheme of allotment of prime land at concessional rates on the condition aforesaid was devised, to be in the know of the said condition or to claim enforcement thereof. It is also not as if the respondents have taken any steps, year after year at the time of admission to schools, to advertise the said scheme so as to make the citizens belonging to the weaker sections of the society aware, to be able to approach the schools who are bound by the said condition,” HC observed.
HC’s directions came on a plea filed on behalf of the NGO Justice For All by advocate Khagesh Jha, seeking directions for admitting 25% of students from the EWS category in aided and unaided schools that have been granted land at concessional rates.
The court said, although orders were passed from time to time, it is issuing fresh directions to “avoid any ambiguity” and its orders will extend to all schools, including nursery, primary, middle or secondary. It further directed DoE to verify annually if schools are abiding with their land allotment clause and providing free education to EWS students.
The bench also made a distinction between the 25% EWS clause provided in the lease deed and a separate obligation for another 25% imposed by the Right to Education Act for which the government has to reimburse these schools.
It requested the LG, who is also chairman of DDA, to look into the issue and file an affidavit before March 31, 2015 explaining to what extent RTE Act is being enforced on the 25% EWS quota. It also asked whether the government is reimbursing schools that provide free-ships.
The RTE Act 2009 requires every recognized school imparting elementary education to admit at least 25% of its strength from children belonging to the weaker sections and disadvantaged groups in the neighbourhood, and provide free and compulsory education to them.
TOI | Nov 25, 2014
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