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Delhi High Court reviews income limit of EWS quota for school admission; Look here

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New Delhi: The Delhi High Court, under the leadership of interim Chief Justice Manmohan and Justice Manmeet PS Arora, has revised the income requirements for Economically Weaker Sections (EWS) for school admission in Delhi. The recent amendment changes the order of the single judge, reducing the annual income limit from Rs 5 lakh to a lower Rs 2.5 lakh.

This interim order comes after an appeal filed by the Delhi government against the single judge’s directive, which had increased the income limit to Rs 5 lakh until changes in the law were made.

The single judge had also asked the Delhi government to do away with self-declaration mechanisms for income verification and set up a structured process for allotment of EWS seats.

Argument of the counsel for the Government of Delhi

The counsel for the Delhi government argued that the sudden increase in the income threshold would disadvantage candidates from families with an income up to Rs 1 lakh, potentially reducing their chances of getting admission under the EWS quota. Furthermore, it was alleged that this arbitrary adjustment violated the right to equality and created unreasonable barriers to education.

Noting the potential negative impact on children from lower-income families, especially blue-collar workers, the court emphasized the importance of upholding its intended purpose of providing free education to EWS candidates.

While considering the possibility of implementing the single judge’s directions, the court recognized the need for a transition period and emphasized the appropriateness of the existing policy on self-declarations.

The case that gave rise to this decision concerned a parent who, through forged documents, secured his child’s admission to a prestigious school in the EWS category. While rejecting the child’s plea challenging the cancellation of admission, the court allowed the child to continue studies as a general category student and imposed a fine of Rs 10 lakh on the parent for misleading practices.

To ensure compliance of the Right to Education (RTE) Act, the single judge urged the Delhi government to revise the income criterion in accordance with the prevailing economic conditions, stressing the need for a scientific and data-driven approach emphasized. Until such revisions were made, the court approved an income limit of Rs 5 lakh, taking into account the norms adopted by other states.

(With input from agencies)

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