ANJALI PANDEY Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) It is a matter of considerable regret that, almost on a daily basis, this Court is encountering cases in which schools, and the Directorate of Education (DOE) are at odds on the aspect of admission of students belonging to the Economically Weaker Sec. (EWS) of society. In most such cases, the school is unwilling to admit EWS students against 'carry forward vacancies' of previous years, which remained unfilled. A Division Bench of this Court has already ruled on the issue in Siddharth International Public School v. Motor Accident Claim Tribunal 2016 SCC OnLine Del 5272, and it is a matter of surprise to me, therefore, that the issue is still being debated before the Single Bench of this Court as if it is res integra. In the process, the fact that it is the academic future of the hapless school child which hangs in the balance, seems to have been forgotten.

(2.) Amitanjali Tiwari, the school child whose future is in dispute, is all of five years of age. She is too young, mercifully, to be enmeshed in legalese and, therefore, is represented by her mother, Anjali Pandey, the petitioner before this Court.

(3.) Amitanjali belongs to the EWS category and, owing to her financial constraints, is guaranteed education at State expense by Sec. 3(1) of the Right of Children to Free and Compulsory Education Act, 2009 ("the RTE Act'), till the completion of her elementary education. Sec. 13(2) exempts every child from the requirement of paying any fee of charges or expenses which may prevent her from pursuing and completing her elementary education. 'Child' is defined, in Sec. 2(c) as a male or female child of the age six to fourteen and 'elementary education' is defined, in Sec. 2(f), as education from the I to the VIII class. Sec. 4 requires every child, above the age of six years, who is not admitted in any school or has not been able to complete his elementary education though admitted, to be admitted in an age-appropriate class. 3. Right of child to free and compulsory education. -[(1) Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of Sec. 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.]