MST. LAKSHYA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The Petitioner is a student belonging to the economically weaker Sec. (EWS) category.

(2.) On 18/1/2019, the Directorate of Education (DoE) issued Circular DE-15(298)/PSB/2018/691-696 publishing vacancy data pertaining to EWS seats in various schools. The schools were required to submit written representations to the private school branch of the DoE till 25/1/2019 in the event of any discrepancy in the number of seats indicated as available in that particular school. The DoE was to forward the representation between 25 and 31/1/2019.

(3.) The Circular dtd. 18/1/2019 further clarified that, if no representation was received from the concerned school, it would be presumed that the data in respect of the school was correct and the DoE would proceed to conduct draw of lots to assign schools to EWS candidates in accordance with the mandate of Sec. 12 (1)(a) and (b) of the Right of Children to Free and Compulsory Education Act, 2009 (the 2009 Act) read with Clause 3(a) of the Delhi School Education (Free Seats for Students belonging to Economically Weaker Ss. and Disadvantage Group) Order, 2011 which extended the applicability of the 2009 Act to pre-school education.