On Monday, the High Court of Delhi issued notice to the Govt of NCT Delhi on a plea seeking Court direction for admission of children belonging to weaker sections and disadvantaged groups & ensure the admission against each & every seat the EWS/DG children are entitled to.
The bench of Justice Rajiv Shakdher & Justice Talwant Singh sought the response of the Delhi Govt & slated the matter for April 26 for further hearing.
The petition sought a court direction to Delhi Govt to ensure the admission of over 44,000 children belonging to EWS/DG under the provisions of section 12(1)(c) of RTE Act, 2009 either by processing the applications they are already pending with them or by the exercise of the jurisdiction conferred to the chairperson District admission monitoring committee under the provisions of clause 7 of Gazette notification extraordinary dated Jan 7, 2011.
The plea was moved by 'Justice for All' an organization of lawyers & social activists through Advocates Khagesh B. Jha & Shikha Sharma Bagga sought direction to the respondent Director of Education to initiate action against schools that failed to admit the students allotted seats in their schools.
The petition further alleged the blatant violation of the fundamental right of over 50,000 children waiting for admission since April 2021 & victim of the government inaction to perform their duty imposed with them under the provisions of articles 19(1)(a), 21 & 21A of Constitution of India read with the provisions of section 12(1)(c) of RTE Act, 2009 & sought indulgence from the court to ensure their admission against the seats reserved for them under the above-stated scheme to guarantee their fundamental right guaranteed to them
The plea further stated that the admission of children who applied for the admission in the month of April 2021 for the session 2021-22 & approx. 50,000 are entitled to admission as per the actual enrolment in the school.
The director of education delayed the process on their own & now refusing the admission on the ground of delay in admission which is the duty of the appropriate government, the respondent Delhi Government themselves, the petitioner alleged in the petition.
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