New Delhi: The Delhi High Court, under the direction of Interim Chief Justice Manmohan and Justice Manmeet P.S. Arora, has revised the income requirements for Economically Weaker Sections (EWS) for school admissions in Delhi. The recent change modifies the single-judge order, reducing the annual income cap from Rs 5 lakh to a lower Rs 2.5 lakh.
This interim order comes following an appeal filed by the Delhi government challenging the single judge’s directive, which had raised the income limit to Rs 5 lakh until legislative amendments were made.
The single judge had also asked the Delhi government to eliminate self-declaration mechanisms for income verification and establish a structured process for EWS seat allocation.
Arguement From Counsel Of Delhi Government
The Delhi government’s counsel argued that the sudden increase in the income threshold would disadvantage candidates from families with incomes up to Rs 1 lakh, potentially reducing their chances of securing admissions under the EWS quota. Furthermore, it was contended that this arbitrary adjustment violated the right to equality and imposed unreasonable barriers to education.
The court noted the potential adverse impact on children from lower-income families, particularly manual labourers, and stressed the importance of maintaining the intended purpose of providing free education to EWS candidates.
While considering the possibility of implementing the single judge’s directions, the court acknowledged the need for a transition period and emphasised the appropriateness of the existing self-declaration policy.
The case that prompted this decision involved a parent securing admission for their child at a prestigious school under the EWS category through falsified documents. While dismissing the child’s petition challenging the admission cancellation, the court allowed the child to continue studying as a general category student and imposed a fine of Rs 10 lakh on the parent for deceptive practices.
To ensure compliance with the Right to Education (RTE) Act, the single judge urged the Delhi government to review the income criterion in line with prevailing economic conditions, stressing the need for a scientific and data-driven approach. Until such revisions were made, the court endorsed an income limit of Rs 5 lakh, taking into account the standards adopted by other states.
(With inputs from agencies)