Paridhi Arya
Published on June 16, 2022 at 14:14 IST
The Vacation Bench of Justice Jyoti Singh and Justice Anoop Kumar Mendiratta observed that “no one want to admit under privileged children.”
The Appeal is filed by PP International School, Pitampura against the order passed by the Single Judge Bench.
The Court observed, “The difficulty is that nobody wants to admit the underprivileged. Are you trying to tell the court that you don’t have underprivileged children in the city.”
The Appellant seeks exemption from mandate of 25% seats reserved for the children of EWS (Economically Weaker Section) category. The Department of Education (DoE) has rejected this request initially.
The Single Judge Bench that if stay order will be passed on the DoE order which mandate 25% seat reservation then irreparable loss will be suffered by the students.
The Court observed that decision is in accordance with the statute but Delhi government was asked to file their reply within four weeks and on July 27 hearing will take place in front of Bench of Single Judge.
The Counsel representing the school argued that school cannot be forced to admit more student beyond the 25% of class strength as school can admit only 17 students from general category and from them 5 can be from EWS. It cannot be assumed that school intentionally not filled general category seats.
The Delhi government countered the claim as 761 candidates applied out of which school selected only 17 students and 25% will be calculated from the seats advertised by the school. The general category seats are filled or not will not be considered.