The violation of the Economically Weaker Section quota under the Right to Education Act continues to plague India’s education system

The consistent violation of the Economically Weaker Section (EWS) quota under the Right to Education (RTE) Act has become a troubling issue across India, particularly in major cities like Delhi. Despite clear legal mandates, several private schools continue to deny admissions to children who rightfully qualify under this provision, creating a barrier to equal educational opportunities for underprivileged communities.

Recent legal proceedings in the Delhi High Court have once again brought this issue to the forefront, highlighting the need for stricter enforcement of the law to safeguard the rights of EWS students.A case in point is Master Ayan Saifi, a 4-year-old son of Shahid who had been allotted a seat through a computerised draw of lots conducted by Delhi’s Directorate of Education (DoE) for the academic year 2024-25. But, a leading private Senior Secondary School in Rohini denied the admission and that ensued a legal tussle. Shahid approached to Delhi High Court with his plight and sought justice. It is misconception that lawyers are reluctant to take up such cases especially for people coming from lower strata of society. Credit goes to a young Delhi lawyer Aman Sharma who took up the case for the kid and secured provisional admission for Ayan Saifi to the school.

The Delhi High Court, under the guidance of Justice Swarana Kanta Sharma, acknowledged the violation of the RTE Act and in an interim order granted provisional admission to the child, emphasising the school’s legal obligation to comply with the EWS quota.The RTE Act 2009 is a landmark legislation that ensures free and compulsory education for all children aged 6 to 14. One of its key provisions mandates that 25 per cent of seats in private unaided schools be reserved for children from EWS and disadvantaged groups (DG). This quota is intended to promote inclusive education and bridge the gap between socio-economic disparities. However, despite the importance of this provision, its implementation has been met with resistance from many private schools, not only in Delhi but schools across the country.

The refusal of admission highlights the ongoing challenge in enforcing this law. It violates a child’s fundamental right to education under Article 21-A of the Constitution. “Denying children from economically weaker sections the education they are entitled to, despite a confirmed allotment, not only goes against the spirit of the Right to Education Act but also creates unnecessary hurdles for families already facing socio-economic challenges,” argues advocate Sharma.  

A pattern of non-compliance can easily be seen and unfortunately, it has become pervasive across private educational institutions.Ayan’s case is not an isolated incident. Private schools in Delhi have repeatedly been found guilty of disregarding the EWS quota, prompting legal battles that seek to restore the rightful educational opportunities for underprivileged children.

In March 2024, the Delhi High Court revised the income threshold for EWS admissions, reinforced eligibility criteria and offered clearer guidance. However, schools have continued to evade their responsibilities. A similar ruling in 2022 in the case of Rameshwar Jha v. Principal Richmond Global School set a precedent for punitive action against schools that refuse EWS admissions.

The Delhi High Court had then warned that schools could face severe consequences under the Delhi School Education Act, 1973, for non-compliance with the RTE Act. Yet, schools still engage in tactics that delay or deny admission to EWS students, forcing families to take the matter to court.

The larger issue at hand is the erosion of trust in educational institutions and the judiciary’s role in upholding constitutional rights. Advocate Sharma urges the Directorate of Education (DoE) and the judiciary to take stringent actions against schools that defy the RTE Act, calling for penalties and stricter enforcement measures.

It becomes imperative for policymakers, educators, and civil society to collaborate in upholding the principles of the RTE Act and to work towards a more inclusive education system.

(Author is a senior journalist; Views expressed are personal)