New Delhi, Sep 7 : The Supreme Court has set aside an Delhi High Court directive, that enjoined the Delhi government to ensure that private schools will fill the backlog of vacant seats for economically less able segments (EWS) in a phased way in the coming five years.A bench of Justices Sanjay Kishan Kaul and Abhay S.Oka stated: “We set aside the challenged order qua instructions contained in paragraphs 4 and 5 allowing the parties to cover their own expenses.The court is free to take an its own view in the main issue.The appeals are decided of in the manner that is appropriate.”
It stated that it is not able to comprehend the way the clause 4 of the order of on May 26 (direction to fill in the backlog of EWS seats) can be addressed even the schools are in default for the earlier time of years, since the same cannot be paid in this way by an interim decision.
The supreme court stated that “the question that was analyzed by the court was whether 25 percent of seats in EWS category are being filled according to the criteria of the sanctioned strength declared or actual admissions, and we believe that this should not be considered as a subject of an interim court order”.
“We are of the opinion that the final decision must be made in the main subject matter, and cannot be an issue of the kind of interim relief granted.”
The court’s top order was based from a plea made by Venkateshwar Global School against Justice for All and others.
On the 19th of July the apex court stopped the Delhi High Court order.
Senior attorney Shyam Divan, who represented the petitioner, claimed that the high court’s decision was based on an appeal by letter patent (LPA) and at the direction of someone who was not an applicant before the sole judge.The top court then asked him how the appeal originate, Divan replied that a limited notice was issued in the LPA and further added that the division bench of the high court on a limited notice issued an extensive order with extensive consequences.
In May this year an appeals court of the Delhi High Court ordered that in instances where schools that are on private or government-owned land, fail to comply with the admission requirements that are required for EWS category students The Delhi government must take action in by fulfilling its obligation as a welfare state.
The Delhi government had argued before the High Court that more than 130 private schools had violated admission requirements with regard to the EWS category.
The government issued a notice to the schools.
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