New Delhi
The Delhi High Court has dismissed a petition by a woman seeking admission for her daughter in a private school under the Economically Weaker Section (EWS) category, observing that while the Right to Education (RTE) Act is a beneficial legislation designed to ensure access to education, “it does not confer a right on a student to choose a particular school”.
The child had been selected for Class I admission at Aadharshila Vidyapeeth for the 2023-24 academic session through a computerised draw of lots conducted by the Directorate of Education (DoE) under the EWS/DG category. However, the school allegedly placed her on a waiting list, to be admitted only after general category seats were filled. The DoE offered admission to another school, which the mother, Ms Pooja, refused to accept, and approached the High Court in 2023 seeking directions for admission to her preferred school. By the time the petition was heard, the academic year had concluded, and the single judge had declined to grant relief.
On March 25, a Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia upheld the single judge’s May 2024 order rejecting Ms Pooja’s plea, noting: “There is no cavil that the RTE Act is a beneficial legislation to achieve social inclusion and to ensure that school becomes a common space for children’s education, not differentiated by barriers of caste, ethnic group, or economic lines. However, such a right to education cannot be translated into a right to select a particular school.”
