A review that sought to re-argue the case has failed, and Cash In Lieu Of School Uniforms for children admitted under the Economically Weaker Section and Disadvantaged Group categories in Delhi’s private schools stands, the Delhi High Court has held.
New Delhi: No error apparent on the face of the record was shown, the Delhi High Court has held in dismissing a review petition against its January 2026 judgment. That judgment had accepted the Delhi Government’s policy of giving cash in lieu of school uniforms to students admitted under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), and the plea, the Court said, sought to re-argue the case [Justice for All v. Government of NCT of Delhi].
The oral judgment of 12 October 2026 was delivered by a Division Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar.
Why the review failed
A review over a review is ordinarily not maintainable, the Bench noted, but the earlier review had been treated as a modification application, so the Court went on. It rejected the contention that the petitioner had no opportunity to file a reply: adequate time was given, counsel argued the matter in full and no time was sought.
The claim that the policy was contrary to the statute had already been argued and considered when the modification application was heard, the Court said, and it had then found the policy not contrary to the scheme of the Act. Applying the settled limits of review jurisdiction laid down by the Supreme Court in decisions including Haridas Das v. Usha Rani Banik and State of West Bengal v. Kamal Sengupta, it held that the grounds were ‘primarily an attempt to re-argue the case in its entirety’.
Cash over uniforms: a policy choice
The Government’s choice of cash over supply in kind drew this holding from the Bench:
“It is well settled that the Courts do not interfere with a Policy decision, unless the same is so arbitrary, whimsical and capricious that it shocks the conscience of the Courts. The decision of the Government that it shall provide cash to the students instead of providing uniforms because of the difficulties faced by the Government cannot be said to be completely arbitrary, whimsical or capricious.”
No error apparent on the face of the record was found, and no material had been placed before it that it omitted to consider. The policy dated 10 June 2025 and the Note for the Council of Ministers had been considered before the Court held the policy not against the mandate of the statute. The Review Petition and pending applications were dismissed.
From a 2013 writ petition to a second review
Justice for All, an organisation, filed the writ petition, W.P.(C) 3684/2013, to secure compliance with the RTE Act, including free books, uniforms and other study material for students admitted under the Economically Weaker Section (EWS) and Disadvantaged Group (DG) categories in aided and unaided recognised private schools in Delhi. The Court passed several directions and contempt orders while it was pending. It was disposed of on 13 April 2023 after the Government said it was willing to provide textbooks and study material, and a contempt petition was kept pending to see whether uniforms or cash in lieu were being provided.
The Directorate of Education circular of 14 March 2023 provided writing material in kind from the 2023-24 session, and a committee was formed to study uniform costs. On 30 September 2024 the Court recorded the Government’s statement that it would start providing uniforms in all government-run schools from the next session.
The Government then framed a policy on 10 June 2025. Procuring uniforms was a tedious process that would overburden schools, it stated; a tender through the Government e-Marketplace takes about six months, and managing the different types and colours of uniforms of each school was not feasible. Review Petition 475/2025 followed, which the Court treated as an application to modify the 2023 order. On 23 January 2026 it accepted the policy and directed the Government to ensure that an adequate amount is provided to students for uniforms. The present Review Petition 487/2026 was filed after that.
What the dismissal settles
At this level, the dispute over whether the RTE Act obliges the State to supply uniforms in kind to EWS and DG students or permits a cash payment is over. The Delhi Government’s policy of paying an adequate amount for uniforms remains in force, subject to the Court’s earlier direction that the amount must be adequate.
The narrow scope of review jurisdiction and the deference courts show to policy decisions are restated as well. The petitioner’s contention that the policy was contrary to the statute was considered and rejected by the Court.
Case Title: Justice for All v. Government of NCT of Delhi [Review Pet. 487/2026 in W.P.(C) 3684/2013]
Bench: Justice Subramonium Prasad and Justice Renu Bhatnagar, Delhi High Court
Date of Judgment: October 12, 2026
Appearances: Khagesh B. Jha, Advocate, for the petitioner