Bal Bharati School insists Class 8 EWS students pay fee to retain admission, parents file a complaint again

The complaint, dated March 26, was submitted to and received by the office of the Deputy Director of Education, Southwest.

While the Right to Education (RTE) Act mandates that private schools reserve 25% of seats at the entry level for students from the EWS, DG and children with special needs (CWSN) categories and provide free and compulsory education till Class 8, the Delhi Right of Children to Free and Compulsory Education Rules of 2011 state that private schools located on land allotted to them by government agencies shall continue to fulfil their obligation of providing free education beyond the elementary level and till completion of secondary/senior secondary education. It adds that these schools shall not be entitled to reimbursement for this obligation.

Bal Bharati is located on government-allotted land.

After parents approached officials last week, DoE issued an order on March 19 to principals and managers of private unaided schools running on land allotted by government agencies, stating that these schools “cannot force students/parents to apply for SLC (school leaving certificate) or pay fee of (those) admitted under RTE Act and Freeship”.

Asked about the DoE order and complaints by parents, school principal Suruchi Gandhi said, “We have responded to the DoE’s order (and) explained everything to these parents in writing. We are bound by all rules and regulations and have always abided by them.”

Gandhi’s communication to the parents, issued on March 6, said: “The Lt. Governor by notification dated 30.12.2013 has directed private unaided schools like ours to admit children only from economically weaker section category from neighbourhood to the extent of 20% (ONLY) in all fresh admissions in other classes above entry-level… the DoE, by circular dated 09.06.2023, has laid down guidelines and procedure for admissions of EWS students from class II to class IX against these 20% seats if any fresh admissions are made.”

It added that the school is required to grant admission to EWS category students only to the extent of 20% of fresh admissions in class IX and above. “After completion of Class VIII, the school shall issue elementary education completion certificate to all category students under the RTE Act, 2009, and… Transfer Certificate to all EWS/DG students. The seats becoming vacant in Class IX will be offered to general category fee-paying students for fresh admissions… EWS students who have passed Class VIII from our school are also required to apply to the DoE for admission in Class IX as per DoE’s rules and procedure.”

The L-G’s notification from 2013, however, only makes a mention of fresh admissions in class IX and does not mention existing students. It states: “… the school (including minority) which were allotted land by the government shall also admit children from economically weaker section in neighbourhood to the extent of 20% in all fresh admissions made in other classes above entry-level…”

Similarly, the DoE guidelines on EWS admissions from Class II onwards, issued in June last year for the 2023-24 academic session, only refer to EWS/freeship category vacancies in schools running on land allotted by government agencies.

The Deputy Director of Education, Southwest, has not responded to questions seeking comment on what further action the DoE has taken.