HC frowns upon schools changing EWS kids to general category after class 8

The Delhi High Court asked the AAP government today how a private unaided school can change the category of a student, who studied till class 8, from economically weaker section (EWS) to general and directed the institute not to remove any such student from its rolls or demand any fees from them.

The direction by a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar came after it was told by an NGO that EWS and disadvantaged group (DG) students were being categorised as general after being promoted to class 9 and fees were being demanded from them by two DAV public schools.

NGO Social Jurist, represented by advocate Ashok Agarwal, also told the court that such students were being forced to pay fees or leave the school by the administration of the institute.

"How can they change category," the court asked and ordered "Respondent 1 and 2 (the schools) shall be prohibited from treating any child under EWS/DG category as falling in general category after class 8".

The bench also said that no one shall be removed or made to pay fees by changing their category and listed the matter for further hearing on May 22.

The court also issued notice to the two schools and the Delhi government and sought their stand on the PIL which has sought directions to the AAP dispensation to ensure that all schools on government land comply with the Delhi Right of Children to Free and Compulsory Education Rules of 2011.

The NGO has contended in its plea that under the Rules a student admitted under EWS/DG category continues to remain in that category till class 12.