The Delhi High Court in the case Ojas Satyawali Through His Mother Bhawna Pathak v. Directorate Of Education And Anr observed that once the Directorate of Education, DoE is satisfied that a child is entitled to preferential admission under the Economically Weaker Sections, EWS or Disadvantaged Group, DG category, the school cannot refuse admission to the child.
The bench headed by Justice C Hari Shankar in the case observed and has stated that it is the child welfare which is paramount and law cannot countenance a situation in which, despite DoE having found the child entitled to admission, school refuses the same.
The court stated that the authority to grant admission to EWS, DG, CWSN category has been conferred on DoE. Thus, it being the DoE which is required to carry out requisite verification and satisfy itself that child in question is entitled to preferential admission under the said category and if the DoE is satisfied on that count, the respondent-School cannot refuse admission to the child.
The bench of Justice Shankar in the case was dealing with the petitioner moved by the 7-year-old boy against denial of admission by a school to him under EWS category, despite allotment by DoE.
The court in the case observed and has confirmed the order passed by the coordinate bench on September 15 last year wherein the court directed the school to grant admission to the minor in Class I in the EWS, DG, CWSN category for 2023- 2024 academic session.
The court in its order stated that the child shall continue to receive education in the school in the said category in accordance with law.
The court stated that the admission of the petitioner shall stand regularized accordingly.
Accordingly, the court allowed the writ petition.
The counsel, Advocate Mr. Arkaneil Bhaumik and Advocate Mr. Shashwat Kabi, Advocate for Dr. Amit George appeared for the Petitioner.
The counsel, Mr. Utkarsh Singh, Advocate for Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) GNCTD for DoE represented the respondent.
