The Director of Education,
Government of NCT of Delhi
Old Secretariat Building,
29th April 2012
Sub: EWS Admissions - Unaided Minority Schools exempted under RTE Act 2009 but not from land allotment obligations
The recent Supreme Court Judgment dated 12.04.2012 held that the provisions of Right of Children to Free and Compulsory Education Act, 2012 are not applicable to Unaided Minority Schools and therefore, such schools are not bound to follow the provision of the Act, 2009 in regard to admission of children belonging to Disadvanged Group & Economically Weaker Section in terms of Section 12(1) ( c ) of the Act, 2009.
However, the Unaided Minority Schools situated on govt. lands allotted to them on concessional rates are not exempted from the obligation arising out of the land clause relating to admission to the children belonging to the economically weaker section to the extent of 20% in all classes as incorporated in the D.O.E. Notification dated 25.01.2007 and also in a division bench order dated 30.05.2007 of Delhi High Court passed in Social Jurist vs. Govt. of NCT of Delhi and Anr. (W.P(C) 3156 of 2002).
The recent DOE order dated 28.04.2012 without taking into consideration the above facts, has simply asked all the Unaided Minority Schools without making any distinction between those which are on Govt. Land and those are not on Govt. land to submit a proof of their minority status instead of asking them (Schools on Govt. Lands) to continue to provide admission to the extent of 20% in all classes to the children belonging to Economically Weaker Section and grant them free ship in terms of DOE notification dated 25.01.2007 and also in terms of Delhi High Court order dated 30.05.2007 passed in W.P.(C) No. 3156 of 2002.
It is therefore requested that the directorate of Education should modify its order dated 28.04.2012 in order to clarify the above said position that all unaided minority schools on public land have to continue to provide admission to the children belonging to Economically Weaker Section to the extent of 20% in all classes. It is also requested that the directorate of education should ensure all the unfilled vacant seats for EWS students in any one or more classes of such schools are filled up before the summer vacation ends.
Ashok Agarwal, Adv.
Advisor, Social Jurist.Mob-9811101923