EWS obligated to be provided reservation in schools built on subsidised government land

Updated on: Thursday, December 06, 2012

The Delhi government informed the High Court that all schools, including the minority ones built on subsidised government land, are obliged to reserve 20 percent of seats in all their classes for students belonging to the Economically Weaker Section (EWS).

"This obligation (20 percent quota for EWS students) shall be applicable to all schools even if they are a school run by minority community as the obligation flows from the provisions of the lease deed/land allotment letter," said the city government in an affidavit to the bench of justices Sanjay Kishan Kaul and Vipin Sanghi.

"To ensure implementation of policy decision, modification of January 7, 2011 notification is under process," the government said.

Accepting the government's affidavit, the bench disposed a plea, filed by some parents through counsel Ashok Agarwal and Khagesh Jha, against the Delhi government's January 2011 notification for admission quota to EWS students only up to class I.

The petitioners' counsel had earlier argued that under the garb of the Right to Education Act, in which non-minority unaided schools are required to give reservation of 25 percent to the classes from entry level to class-I, the Delhi government had superseded its previous notification of January 25, 2007, which had provided reservation for EWS students in all classes.

Referring to the government's affidavit, the petitioners' counsel said the implication is that all unaided non-minority schools (built on public land) now reserve 25 percent seats for addmission in preschool, pre-primary and class I to the children belonging the EWS.

At the same time, such schools have to reserve 20 percent seats in classes II to XII for admission to EWS children, the lawyers clarified.

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