IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P. (C) NO. ______________ OF 2011

(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:

Public Interest Litigation

AND
IN THE MATTER OF:
Writ petition under Article 226 of the
Constitution of India
AND
IN THE MATTER OF:
Failure on the part of Government of NCT
of Delhi, respondent herein, to issue
notification specifying minimum limit of
annual income of parent or guardian as
required under Section 12 and Section 2 (e)
of The Right of Children to Free and
Compulsory Education Act, 2009.
AND
IN THE MATTER OF:
Failure on the part of Government of NCT
of Delhi, to frame rules by notification for
giving effect to provision of Section 12 (2)
of The Right of Children to Free and
Compulsory Education Act, 2009.
AND
IN THE MATTER OF:
Failure on the part of the Government of
NCT of Delhi, to frame rules under Section
38 (1) of The Right of Children to Free and
Compulsory Education Act, 2009 detailing
procedure and manner of admissions of
children belonging to disadvantaged group
and to weaker sections for admissions in
unaided private schools in the academic year
2011-2012 to the extent of 25% as provided
under the Act.
AND
IN THE MATTER OF:
Violation of right to education of thousands

of children belonging to disadvantaged

group and also to weaker Section as
guaranteed to them under Articles 14, 21,
21-A, and 38 of the Constitution of India
read with the provisions of The Right of
Children to Free and Compulsory Education
Act, 2009.
AND
IN THE MATTER OF:

(1)

Constitution of India
(2)
The Right of Children to
Free and Compulsory Education Act,
2009

AND
IN THE MATTER OF:
Social Jurist, A Civil Rights Group
Through Advocate M.N. Singh, Coordinator,
478-479, Lawyers Chambers,
Western Wing, Tis Hazari Courts
Delhi- 110054

.. Petitioner

Versus
Government of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat, IP Estate
New Delhi 110002

.. Respondents

To,
THE HONBLE CHIEF JUSTICE OF HIGH COURT OF DELHI AT NEW
DELHI AND HIS COMPANION JUSTICES OF THE SAID HIGH COURT
The humble petition of the petitioner above named.
MOST RESPECTFULLY SHOWETH
1.
The petitioner by present Public Interest Litigation has highlighted the fact
that the Government of NCT of Delhi, respondent herein, has failed to specify the
minimum limit of annual income of parent or guardian for the purposes of Section
2(e) of The Right of Children to Free and Compulsory Education Act, 2009 ( in
short RTE Act, 2009), frame rules for the purpose of Section 12 (2) of RTE Act
2009 and also frame rules by notification dealing with manner of admission,

provisions regarding free books, uniforms, etc., establishment of free ship cell
etc., required for giving effect to provisions relating to admission of children
belonging to disadvantaged group and also to economically weaker sections to the
extent of 25% of seats in all the unaided recognised private schools of Delhi. It is
submitted that the inaction on part of the respondent to do aforementioned acts is
in violation of right to education of thousands of children belonging to
disadvantaged group and weaker sections as guaranteed to them under Articles 14,
21, 21-A, and 38 of the Constitution of India read with the provisions of The
Right of Children to Free and Compulsory Education Act, 2009. It is submitted
that the aforementioned actions on the part of the respondent are prerequisites for
the enforcement of the provisions of 25 % quota for the children belonging to
disadvantaged group and economically weaker sections in the nearly 1,800
unaided recognised schools of Delhi in the academic year 2011-2012.
2.
The petitioner by present PIL has raised the following vital questions of
law of general public importance for determination by Honble court:i)
Whether inaction on the part of the respondent to issue notification
specifying the minimum limit of annual income of parent/guardian for the
purposes of Section 2 (e) of The RTE Act, 2009 is illegal, arbitrary and in
violation of The Right of Children to Free and Compulsory Education Act, 2009
as guaranteed to thousands of children belonging to disadvantaged group and
weaker Section under Articles 14, 21, 21-A, and 38 of the Constitution of India
read with the provisions of The Right of Children to Free and Compulsory
Education Act, 2009?
ii)
Whether inaction on the part of respondent to frame rules by notification
for the purpose of Section 12 (2) of RTE Act, 2009 is illegal, arbitrary and in
violation of Right to Education as guaranteed to thousands of children belonging
to disadvantaged group and weaker sections under Articles 14, 21, 21-A, and 38
of the Constitution of India read with the provisions of The Right of Children to
Free and Compulsory Education Act, 2009?
iii)
Whether the failure on the part of the respondent to frame rules by
notification dealing with the manner of admission, provision for free books,
uniform and for establishment of free-ship cell to give effect to the provisions of
RTE Act 2009 relating to admission of children belonging to disadvantaged group
and economically weaker Section to the extent of 25% seats in all unaided
recognized private schools in Delhi is arbitrary, illegal and tantamount to failure
on the part of the respondent to perform its constitutional and statutory
obligations?
3.
The facts of the case, so far as relevant for purposes of present PIL, are
given in brief as under.

4.
The petitioner Social Jurist, a Civil Rights Group is an organisation of
practicing lawyers and social activists dedicated to the cause of common man and
particularly of children. It is submitted that the petitioner has been raising issues
relating to violations of right to education of children belonging to weaker
Sections of the society. It is submitted that advocate M.N Singh is a coordinator of
petitioner organisation and is competent to file and to pursue present PIL on
behalf of petitioner organisation. It is submitted that the present PIL has been filed
in public interest.
5.
The petitioner submits that the Parliament by 86 th Constitutional
Amendment Act, 2002 inserted Article 21-A in the Constitution of India which
mandated the State to provide free and compulsory education to all children in
age group 6 - 14 years in the manner as State may by law determine. It is
submitted that as a follow up legislation of said Article 21-A of the Constitution of
India, the Parliament enacted The Right of Children to Free and Compulsory
Education Act, 2009. It is submitted that both Articles 21-A of Constitution of
India and The Right of Children to Free and Compulsory Education Act, 2009
have come into force from 1 April, 2010.
6.
The petitioner submits that, under the Constitution, it is the primary duty
of the State to provide free and compulsory elementary education to all the
children. It is submitted that the State is entitled to discharge said constitutional
duty through private players. It is, therefore, submitted that the unaided
recognised private schools are the extended hands of the State and they are under
the same obligation to provide free and compulsory elementary education to all
the children.
7.
The petitioner submits that RTE Act, 2009 expressly provides that all the
unaided private schools shall be under the obligation to admit to the extent of 25%
the children belonging to disadvantaged group and economically weaker sections
and the State shall reimburse the fees thereof as provided in the Act.
8.
The petitioner invites attention of this Honble court to various relevant
provisions of RTE Act, 2009 which are reproduced hereunder:Section 2 (e): child belonging to weaker Section means a child belonging to
such parent or guardian whose annual income is lower than the minimum limit
specified by the appropriate Government, by notification;
Section 2 (l): prescribed means prescribed by rules made under this Act;
Section 2 (n): school means any recognised school imparting elementary
education and includes(i) a school established, owned or controlled by the appropriate
Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its
expenses from the appropriate Government or the local authority;
(iii) a school belonging to specified category; and
(iv) an unaided school not receiving any kind of aid or grants to meet its
expenses from the appropriate Government or the local authority;
Section 8 (c): The appropriate Government shall ensure that the child belonging
to weaker Section and the child belonging to disadvantaged group are not
discriminated against and prevented from pursuing and completing elementary
education on any grounds;
Section 9 (c): Every local authority shall ensure that the child belonging to
weaker Section and the child belonging to disadvantaged group are not
discriminated against and prevented from pursuing and completing elementary
education on any grounds;
Section 12(1)(a)
(b)
(c)specified in sub clause (iii) and (iv) of clause (n) of section 2 (n) shall
admit in class I, to the extent of at least twenty five percent. Of the
strength of that class, children belonging to weaker section and
disadvantaged group in the neighbour hood and provide free and
compulsory elementary education till its completion:
Provided further that where a school specified in clauses (n) of section 2 imparts
pre-school education, the provisions of clauses (a) to (c) shall apply for
admission to such pre-school education.
(2) The school specified in sub clause (iv) of clause (n) of section 2 providing free
and compulsory elementary education as specified in clause (c) of sub section (1)
shall be reimbursed expenditure so incurred by it to the extent of per child expenditure incurred by the State, or the actual amount charged from the child,
whichever is less, in such a manner as may be prescribed:
Provided that such reimbursement shall not exceed per-child-expenditure
incurred by a school specified in sub-clause (i) of clause (n) of section 2:
Provided further that where such school is already under obligation to provide
free education to a specified number of children on account of it having received
any land, building, equipment or other facilities, either free of cost or at a
concessional rate, such school shall not be entitled for reimbursement to the
extent of such obligation.
Section 38 (1): the appropriate Government may, by notification, make rules, for
carrying out the provisions of this Act.

Sections 38 (2) (d): the manner and extent of reimbursement of expenditure,

under sub-Section (2) of Section 12;
9.
The petitioner submit that, the provisions relating to admission of children
belonging to disadvantaged group/economically weaker sections to the extent of
25% in unaided recognised private school of Delhi ought to have been
implemented from the academic session 2010-2011. However the said remained
unimplemented in academic year 2010-2011 because of the fact that before the
commencement of the academic year of 2010-2011, the admission process for
admission of children at the entry point (pre primary classes) was completed.
10.
The petitioner submits that for the academic year 2011-2012 the admission
process at the entry point (pre primary classes) in the unaided private school of
Delhi have already started from 1 Jan 2011. It is submitted that though the
respondent has issued an order dated 15.12.2010, purported to be under the
provisions of RTE Act 2009 directing that the unaided private schools shall admit
children belonging to disadvantaged group / EWS category to the extent of 25%
in the academic year by following the procedure of random selection as provided
under RTE Act 2009. However several legal steps which were required to be
undertaken to give effect to the aforementioned provisions of RTE Act, 2009
relating to admission of children belonging to disadvantaged group/ EWS
category to the extent of 25% in all unaided recognised private schools of Delhi
has not yet been taken. The following actions on part of respondent are forthwith
required;
(i)
Notification specifying the minimum limit of annual income of
parent /guardian for the purpose of Section 2 (e) of The RTE Act, 2009.
(ii)
Rules by notification for the purpose of Section 12 (2) of RTE Act,
2009; &
(iii)
Rules by notification containing procedure and manner of admission,
provision relating to reimbursement of expenditure incurred by parents on
several accounts like uniforms, books, transport, recreational activities, etc.,
and also relating to monitoring process of admission of children under
disadvantaged group / economically weaker Section quota.
A true copy of the GNCTD order dated 15/12/2010 is enclosed herewith as Annexure-A.
A true copy of order dated 21.12.2010 of DOE detailing schedule of admission is also
enclosed hereto as Annexure B.
11.
The petitioner submits that there are 394 schools situated on public land
allotted to them on concessional rates by land owning agencies like land and
development officer (L&DO) and Delhi Development Authority (D.D.A.) on the
condition that they would admit children belonging to EWS to the extent of the
percentage mentioned in their land allotment letters. It is submitted that though

the general condition incorporated in land allotment letters was 25% but in some
letters of allotment the percentage of free ship was either not mentioned or left to
Directorate of Education, Delhi to decide. It is submitted that since these
conditions were not being implemented for decades, a PIL being Writ Petition
(Civil) No. 3156 of 2002 was filed by Social Jurist, A Civil Right Group
(petitioner herein) praying therein for directions to the Government of Delhi and
land owning agencies to enforce the said condition of free ship. The first order of
this Honble court in said PIL came on 20 Jan 2004, whereby this Honble Court
directed the Directorate of Education to identify within four months erring
schools and send the list of such schools to land owning agencies for appropriate
actions. It is submitted that thereafter several orders were passed by this Honble
court in the said PIL from time to time which led the Government of Delhi to
issue order dated 27.04.2004, which was subsequently superseded by Notification
dated 25.01.2007 notifying Delhi School Education (Free Seats for Students
Belonging to EWS) Order, 2006, whereby all the unaided private schools situated
on public land allotted to them on concessional rates were obliged to grant
admission to children belonging to disadvantaged group / EWS category to the
extent of 25% and to grant them free ship.
A true copy of said Government order dated 25.01.2007 is enclosed hereto as
Annexure-C.
12.
The petitioner submits that they have referred the above said notification
dated 25.01.2007 (Annexure C) only to demonstrate that Government is required
to make provisions by framing rules U/S 38 of the Act somewhat similar on the
lines of the said Notification for the purpose of giving effect to the provision of
25% quota in EWS / disadvantaged group quota in all unaided private school in
terms of provisions of Section 12 of RTE Act, 2009. It is respectfully submitted
that till date Government of Delhi has not notified any rules or regulation dealing
with the issues relating to and necessary for implementation of the 25%
disadvantaged group / EWS quota admission in all unaided recognised private
schools of Delhi in the academic year 2011-2012. It is also submitted that there
are nearly 1800 unaided private schools in Delhi which are either recognised by
the Director of Education, Delhi or by the MCD. It is submitted nearly 15 lakhs
children are studying in these schools in classes nursery to class 12th.
13.
The petitioner submits that any further delay on part of respondent to take
steps / actions as required to give effect to the provisions of RTE Act relating to
admission of children belonging to disadvantaged group and economically weaker
Section in the academic year 2011-2012 would completely defeat the very object
and purpose of the RTE Act.
14.
The petitioner submits that aforementioned inactions on part of the
respondent are illegal, arbitrary and in violation of Right to Education as
guaranteed to thousands of children belonging to disadvantaged group and
economically weaker sections under Articles 14, 21, 21-A, and 38 of the

Constitution of India read with the provisions of The Right of Children to Free
and Compulsory Education Act, 2009 and would tantamount to failure on part of
respondent to perform their constitutional and statutory functions.
15.
The petitioner submits that they have not filed any similar petition either
in the Honble Supreme Court or in any High Court in India.
16.
That the petitioner submits that they have no other efficacious alternative
remedy except to approach this Honble Court by way of present PIL.
PRAYER
In the premise aforesaid, the petitioner most humbly prays that this Honble Court may
be pleased to:a.
issue any appropriate writ, order or direction, directing the
Government of NCT of Delhi to forthwith issue Notification specifying
the minimum limit of annual income of parents/guardian for the purposes
of Section 2 (e) of RTE Act, 2009.
b.
issue any appropriate writ, order or direction, directing the
Government of NCT of Delhi to forthwith frame rules by notification for
giving effect to the provisions of Section 12 (2) of The Right of Children
to Free and Compulsory Education Act, 2009.
c.
issue any appropriate writ, order or direction, directing the
Government of NCT of Delhi to forthwith frame rules under Section 38 of
The Right of Children to Free and Compulsory Education Act, 2009
dealing with provisions relating to process and manner of admission,
provisions relating to grant of financial assistance to students for
expenditures on account of uniforms, books, transport etc., and also
provision relating to establishment of free ship cell to monitor the process
of admission to give effect to provision relating to admission to children
belonging to disadvantaged group and economically weaker Section to the
extent of 25% in unaided private schools as provided under The Right of
Children to Free and Compulsory Education Act, 2009.
d.
pass any such further order or direction as this Honble Court
deems fit and proper.
e.

New Delhi

allow the present PIL with costs.

Dated: 03.01.2011