EWS admissions: Delhi HC wants private schools to fill unfilled seats too in next 5 years, in addition to 25% reservation

“In the circumstances, every endeavour shall be made by the state to ensure that the backlog of unfilled seats in private schools, both on private and government lands, is filled-up in the next five years in a phased manner; i.e., 20% of the vacancies each year, in addition to the mandated annual 25% intake,” said the court.

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The Delhi government earlier told the court that 132 schools prima facie have been found to be in violation of its directions regarding the admission of students in the EWS category, and notices have been issued to them. According to the government, some of the schools have not been admitting students for the last decade or so.

“About 38,000 EWS seats are ordinarily vacant each academic year. However, the schools are accepting applications only on the basis of 25% of students actually admitted in non-EWS category and not necessarily on the basis of the actual strength of the school,” Delhi’s standing counsel (civil) Santosh Kumar Tripathi submitted before the court

Under the rules, private schools on private land have to admit 25 per cent of students from the EWS category; for which the institutions are eligible for repayment of fees. The private schools on government land are also required to admit 25 per cent EWS students at the entry level but the reimbursement by the government is done only for five per cent of students. The court in the order said no beneficiary of government land can overlook or avoid its obligation under the allotment.

It further said, “The state shall ensure that the 25% seats in the EWS category students shall be filled up on the basis of declared sanctioned strength at the entry-level (pre-school/nursery/pre-primary/kindergarten and class-I), irrespective of the actual number of students admitted in the general category”.

While seeking a compliance affidavit from the government, the court has listed the matter for further proceedings on August 4. The order has been passed in an appeal moved by Justice For All through advocate Khagesh B Jha.