Impact of Supreme Court Judgement on Delhi Minority Unaided Private Recognized Schools.

Hon'ble supreme court, in a recent judgement while upholding the RTE Act 2009 for unrecognized non-minority school exempted the Minority schools from the preview of RTE Act 2009 as the court found that the 2009 act passed the test of constitutional validity regarding article 19 (1) (g) but it failed the test for article 30 of constitution. If we see the impact of this judgement on minority schools in Delhi then it becomes evident that the impact is negligible in the matter of EWS/Disadvantge Admission mentioned in section 12(1)(c) of RTE Act as Most of the schools are running from public land and under obligation to provide a specific percentage of admission to EWS students, vary from 20 to 30 percent towards their contractual liability. In delhi there are around 50 unaided minority schools( Religious and linguistic both) including Christian Minority and Sikh Minority School out of which around 40 which includes all big schools are running from public land. A very few schools which includes st xaviers Rohini and Rosary Public School is not at public land but other schools are very small schools and running from Gurudwaras which are not listed at official website of DOE as a school obliged for EWS admission.. Complete list of Identified schools are available under link-  http://www.edudel.nic.in/welcome_folder/424_dt_230509/Page.htm . All the schools in the list whether minority or non minority are under contractual liability to admit the students from EWS category and DOE has issued a circuler on 25.01.2007 in complience of  Dirction from Hon'ble Delhi High court in a social Jurist PIL W.P(C) 3156 of 2002. The DOE circuler Dated 25,01.2007 is available under link-   http://www.edudel.nic.in/circulars_file/426_444_dt_25014.htm . Para 3 of circular mentions 20% seats for admission under EWS in all class including entry level class where these schools were admitting students under RTE Act 2009. DOE issued a circular dated 07.01.2011 under various provisions of RTE Act 2009 which supreseeded the notification dated 25.01.2007 but now after exemption from RTE the 2011 circular became redundant hence 2007 circular has been activated automatically. It is important to mention here that Hon'ble delhi high court passed an interim order dated 30.05.2007 where the 2007 circular was stayed for such school which filed affidavit to admit 15% students udner EWS. For other schools which has not filed affidavit the notification was functional up to extent of 20% admission under EWS freeship category.
    Prima facie it looks that 20% seat is less then 25% but we must remember that 20% in all classes are almost twice of 25% in entry level class if we see the number of seats. We can verify the data availbale at official website where schools as per 2007 circuler admitting students in session 2010-11 and as per RTE in 2011-12 session. As for example a minority school is east Delhi namely guru harkrishan public school admitted 26 students in session 2010-11 as per 2007 circular while admitting only 10% as another 5% was for wards of employees of the teaching and non teaching staff of the school . list is under link http://edustud.nic.in/mis/student/frmchildrenadmittedinFreeshipReportPublictLevel2011.aspx and the same school admitted only 12 students during session 2011-12. The list is available under link http://edustud.nic.in/mis/student/frmchildrenadmittedinFreeshipReportPublictLevel.aspx other minority schools are also at the same footings and it can be safely stated that total admission for EWS will be increased in these schools for compliance of allotment letter instead of admitting students under section 12(1) (c) of RTE Act.

Khagesh B. Jha, Adv.
Mob- 8826456565