SOVEREIGN SCHOOL Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The petitioner before this Court is a private recognized but unaided school. The petitioner claims to have notified a total of 140 seats to be filled up in its pre-school level in the academic year 2013- 2014 but was able to fill up only 51 seats in general category and it filled up only 17 seats in the Economically Weaker Sections (EWS) category. The respondent, Directorate of Education, however, notified 21 more EWS seats in the school, on the ground that the total number of such seats in the academic year 2012-2014 was to be 38. The petitionerschool made a representation submitting therein that the number of admissions made by it in the EWS category was more than 25 per cent of the total strength of the class and, therefore, there was no vacancy in EWS category. The Education Officer vide impugned order dated 15.5.2013 held that since the total number of seats at entry level in the previous three (3) years was 151 seats, the number of seats under EWS category is 38 seats, i.e., 25 per cent of 151 seats. Being aggrieved from the said order the petitioner is before this Court seeking quashing of the impugned communication/order dated 15.05.2013 issued by the respondent.

(2.) In its counter affidavit the respondent-Directorate of Education has stated that in view of Notification dated 28.2.2012, the number of seats at entry level cannot be less than the highest number of seats in entry class during the preceding three (3) years and as per the undertaking dated 10.4.2013 given by the petitioner, it had filled up as many as 151 seats in the academic year 2011-2012. It was, therefore, required to admit 38 students in EWS category in the academic year 2013-2014. It is also claimed in the counter affidavit that the petitioner with a view to deny admission to EWS category students to the extent of 25 per cent of the sanctioned strength has deliberately admitted only 51 students in General category and 17 students in the EWS category in the academic year 2013-2014.

(3.) Section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the RTE Act") to the extent it is relevant mandates the petitioner-school to admit to the extent of at least 25 per cent of the strength of the class, children belonging to weaker sections and disadvantaged group in the neighbourhood free and compulsory elementary education till its completion.