Delhi High Court Orders To Increase Income Threshold For EWS Admissions In Schools From Rs. 1 Lakh To Rs. 5 Lakh Till Amendment
Case: MASTER SINGHAM v. DIRECTORATE OF EDUCATION & ANR.
Coram: Justice Purushaindra Kumar Kaurav
Case No.: W.P.(C) 4006/2021
Court Observation: “Needless to observe, the criteria must be scientific and must be based on actual data,”
“Till the aforesaid exercise is done and appropriate amendment is made in the scheme, the required income under Clause 2(c) of 2011 Order shall be considered to be increased to Rs. 5 lakhs instead of Rs. 1 lakh as all the other States have the threshold amount in question to the tune of almost Rs. 8 lakhs. The aforesaid directions are made operational with immediate effect.”
“A comparative analysis of the said threshold income criterion in the NCT of Delhi with rest of the States and Union Territories would signify that the NCT of Delhi has the lowest requisite income criteria as compared to the amount of Rs. 8 lakhs per annum followed by most of the States. It is apparently forcing the common people, who otherwise fall in the bottom line of the economic strata, to resort to unfair means to secure admission for their children or to keep their hands off from the benefits of welfare legislation. In the present times, injustice may or may not reach the courts, but the constitutional courts must endeavour to reach the injustices,”
“The aforesaid cost has been imposed after assessing the affluent financial well-being of the petitioner‟s father, which is evident from the ITRs of the subsequent years, numerous foreign trips etc. and also considering the fact that the petitioner has eaten up the seat of a deserving child, who would have otherwise enjoyed the fortune of quality education,”
“The present case enunciates a harrowing tale of blatant subversion of a welfare scheme enacted for extending the benefit of quality education to the Economically Weaker Sections (EWS) of the society. The case at hand, reflects a tormenting state of affairs where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates,”
“While adjudicating the present case, it has come to the notice of this court that the minimum wage of an unskilled labourer in Delhi is Rs 17,494/- per month but startlingly, as per the existing eligibility criterion, even children of such labourers are not entitled for reaping the benefits of the EWS scheme for securing admission in schools,”
“It is deeply agonizing to see the complete apathy and lackadaisical attitude of the State authorities which is at the helm of protecting the educational rights of the economically weaker sections of the society, which flow from the fundamental Right to Education. The efficacious realization of the Constitution‟s inherent objectives go beyond mere drafting and perusal. To respect the letter and spirit of law, it is imperative that the responsible instrumentality diligently supervises the implementation of the law,”
“The Government of NCT of Delhi must immediately eradicate the mechanism of self-declaration and bring in place an appropriate framework for continuation of free seats in schools as envisaged under Clause 6 of 2011 Order.”
“In order to suitably implement the directions at (iv) and (v) above, the DOE shall frame a Standard Operating Procedure (SOP) for income verification and regular monitoring of the eligibility criteria,”
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Delhi High Court Orders To Increase Income Threshold
