The Delhi High Court has reinforced the binding nature of the computerized draw of lots conducted by the Directorate of Education (DoE) for the admission of students under the Economically Weaker Section (EWS) category. Justice C Hari Shankar ruled that schools must adhere to the outcomes of these draws, which are based on the class strength figures provided by the schools themselves.
The court’s decision came in response to a petition from a student who was denied admission to the pre-primary class of a private school despite winning a spot through the DoE’s computerized draw. The school had argued that the actual admissions in the general category were lower than the numbers reported to the DoE, claiming it had already filled the mandated 25% of seats with EWS students based on the actual admissions.
Justice Shankar clarified,
“Once a school communicates the number of general category and EWS seats available with it for being filled in an ensuing academic year to the DoE and the DoE, on that basis, conducts a computerised draw of lots, the school is bound to admit the EWS students who are, on the basis of the said computerised draw of lots, found eligible for admission to its portals.”
The court emphasized that schools cannot retroactively adjust the number of EWS admissions based on lower-than-expected general category admissions.
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“The school cannot then turn around and say that as the actual number of general category students, which it could ultimately admit, was less than the strength of general category seats communicated by it to the DoE, there should be a proportionate reduction in the number of EWS students, which it can admit for that year, and, on that basis, reject to admit students who, on the basis of the data provided by the school itself, have been shortlisted for admission,”
Justice Shankar stated.
In this particular case, the court ruled that the petitioner is rightfully entitled to admission for the 2023-24 academic session as per the results of the computerized draw. The ruling also noted that without a formal revision of seat numbers by the DoE, schools must comply with the draw’s outcome.
Furthermore, the court affirmed,
“The petitioner would be entitled to be imparted education by the school as an EWS candidate in accordance with the provisions of the Right to Education Act and the various circulars, guidelines, and other instructions issued by the DoE in that regard.”
This judgment underscores the commitment of the judiciary to uphold the rights of students from economically weaker sections and ensures that schools adhere to the established admission procedures and quotas.
