My letter to Director Education to implement EWS admission as per supreme court interpretation

To

Sh. Amit singla

Director Education

Govt. of NCT of Delhi

Old secretariat Building

Civil Lines Delhi-110054.

Sub- Request for issue direction to the unaided recognized non minority school for inclusion of class 1 and all previous class for the puprpose of EWS admission in section 12(1) (c) of RTE Act as interpreted by Hon'ble supreme court in W.P (C) 95 of 2010

Dear sir

         This e- mail is with reference to my earlier e mails on the subject where I informed you  about wrong interpretation of section 12 (1) (c) of RTE Act 2009 and section by unaided private schools which results in violation of fundamental right of thousands of students which is guaranteeing to them under section 21A and follwup legislation RTE Act 2009. It is important to mention here that the DOE circular dated 07.01.2011 and 16.12.2011 is vague and some space is left for erring schools to violate the provisions of RTE Act 2009. Some internal communications of department also reflects that the Act branch of DOE is restricting District Admission Monitoring comitee set-up through above mentioned circular dated 07.01.2011 where it is interpreted that EWS/Disadvantage group admission is limited to the entry level class only. There is no need to state that all these interpretation and internal communications are due to influence of unaided school lobby which is verry reluctance to admit students under EWS/Disadvantage category.

  I think it important to reproduce here section 12(1)(C) of RTE Act as reproduced by Hon'ble Justice Radhakrishanan in para 107 of the judgement  while interpreting the section in next para

Section 12:- Extent of School's responsibility for free and compulsory education 
                                                          
     (1) For the purposes of this Act, a school, -

(a) ----------------------------------------------------------------------------------

(b) ---------------------------------------------------------------------------------

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for
admission to such pre-school education.

In the next paragraph the judgement interprets and the same is reproduced here for your kind perusal- 

108.  "First, I may deal with the challenge against Section 12(1)(c), which casts an obligation on the unaided private educational institutions both non-minority and minority to admit to class 1 at least 25% of the strength of those children falling under Sections 2(d) and 2(e), and also in the pre- school, if there is one.  State also has undertaken re-imbursement of the fees of those children to the extent of per- child expenditure incurred by the State."

the above mentioned extract is from minority judgement where provisions of RTE act discussed in length hence it is important to reproduce the mejority judgement which written by Hon'ble chief justice of India and the relevant portion of  section 7 of mejority judgement is reproduced here for your kind presual.

       Section 12 (1)(c) read with Section 2(n) (iii) and (iv) mandates that every recognised school imparting elementary education, even if it is an unaided school, not receiving any kind of aid or grant to meet its expenses from the appropriate government or the local authority, is obliged to admit in Class I, to the extent of at least 25% of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide
free and compulsory elementary education till its completion. As per the proviso, if the School is imparting pre-school education, the same regime would apply. 
       you will appreciate the fact that the judgement categorycally mentions RTE Act 2009 as a act for children and any statue of special acts must be read in favor of the person for whom the act is intended and in present case the verdict is very clear and there is no doubt that the act intended to admit children in class 1 and if pre school is running in school then there also but that will be in addition to admission in class-I. It is important to mention here that pre school in RTE Act includes all classes before class-I and a school imparting education at 3+ which is a part of pre school which includes 4+ can't run away from EWS admission at pre primarey or class-I on the ground that it admitted some students at pre- school (3+) level.
       Therefore it is requested please to issue a clarification with direction to the unaided recognized non minority schools  to ensure admission under provisions of section 12(1) (c) for protecting fundamental right to education guarenteed to them under article 21A of constitution. thank you.


With Regards
Khagesh B. Jha, Adv.
Mob- 8826456565.
Copy to

Secretary, Education Govt. of NCT of Delhi., With request to ensure complience.
Chief Minister, Govt. of NCT of Delhi. with request to take policy descision for complience.
Smt. Shantha Sinha, chairperson NCPCR with request to ensure complience of children right.
All DDE's  with request to complience with supreme court interpretation of class for EWS admission.


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Lawyers Chamber No.- 483 Block-II, Delhi High Court Complex, Shershah Road New Delhi Pin- 110003 Mob- 9350456565 email- khageshjha@gmail.com