30 April 2024 Education >> Miscellaneous  

A student belonging to the Economically Weaker Section (EWS) has secured admission to kindergarten after a court battle with the school. The court's decision highlights a recent shift in legal interpretations regarding admission deadlines.

The petitioner, a young child whose name is not mentioned in the court order, applied for admission to various schools, including the Respondent 1 school, through the Directorate of Education (DoE) draw system. After the DoE shortlisted the child for admission to Respondent 1 school, the school denied the seat.

The petitioner's argument relied on the DoE's draw results, stating that the school was legally obligated to accept shortlisted students. The school, however, countered by citing previous judgements establishing December 31st of the academic year as a cut-off date for courts to grant provisional admissions.

In its verdict, the court acknowledged these past judgements. However, the court also drew attention to a more recent order by a higher court division bench (Baby Nikshita vs DoE) that challenged the validity of the December 31st cut-off date. Since a single judge is bound by the division bench's view, the court ruled in favor of the petitioner.

The court's decision finalizes the child's provisional admission, granting them regular admission as an EWS student. This case signifies a potential shift in how courts handle EWS admissions and deadlines.

  Right of Children to Free and Compulsory Education Act, 2009