The Delhi High Court has issued. A clarification on the scope of free. And compulsory education guaranteed. Under Article 21A of the Constitution. And Section 12 of the Right to Education Act (RTE Act).
Right to Education vs. Choice of School
Justice C Hari Shankar presided over the case. Dismissing a petition filed by a seven-year-old girl. Seeking admission to a specific school. Under the Economically Weaker Section (EWS) quota. For Class II in the 2023-24 academic year. The court clarified that while Article 21A. And the RTE Act ensure free and compulsory education. For children up to the age of fourteen. It does not guarantee admission to a particular school.
Background of the Case
The petitioner represented by her mother. Had been selected through a computerized draw for admission. To Class I at the desired school. In the 2022-23 academic year. However, the school denied her admission. Prompting legal action.
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Missed Application and Draw Disqualify Admission Claim
The court noted a crucial detail β the girl’s application for admission in the subsequent academic year (2023-24) was not submitted. Consequently, her name wasn’t included in the draw of lots for Class II admissions that year. The judge pointed out that the lack of application and participation in the draw meant she lacked a legal right to admission for that academic year.
Fresh Application for Admission in Another School
Although the court rejected the plea for admission to Class II in the specific school it did not disregard the girl’s right to education. Justice Shankar directed the Directorate of Education (DoE) to facilitate her admission as an EWS student in Class II at another school. This decision upholds the constitutional mandate of ensuring education for all children.
Key Takeaways
- The Delhi High Court ruling clarifies that the RTE Act guarantees free and compulsory education not admission to a specific school.
- Selection through a draw of lots for one academic year does not automatically translate to admission in the subsequent year for a different class.
- Each academic year is considered a new session. If a student misses admission despite being shortlisted they cannot claim admission in the next year based on the previous selection.
- The court order emphasizes the importance of applying for admission within the stipulated timeframe.
This landmark judgment ensures transparency in school admissions while upholding the fundamental right to education for all children under the RTE Act.