C. HARI SHANKAR, J.
1. The petitioners are children belonging to the Economically Weaker Section (EWS) of the society and are, therefore, “child belonging to the weaker section” within the meaning of Section 2(e) ((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) of the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act).
2. Section 12(1)(c) (12. Extent of school's responsibility for free and compulsory education. –............................shall apply for admission to such pre-school education) and the proviso thereto, read with Section 2(n)(iv) ((n) “school” means any recognised school....................appropriate Government or the local authority) of the Right of Children to Free and Compulsory Education Act, 2009, (“the RTE Act”) requires every unaided private school to admit, in its entry level class, at least 25% of children belonging to the weaker section and the disadvantaged group in the neighbourhood and to provide them free and compulsory elementary education till its completion. Respondent 1 is an unaided school and, therefore, falls within Section 2(n)(iv) ((n) “school” means any recognised school........................appropriate Government or the local authority) of the RTE Act.
3. Vide Circulars dated 13 January 2023 and 2 February 2023, DoE launched a computerised online admission process through its portal laying down the admission procedure to Entry-Level classes for the academic session 2023-24.
4. Pursuant to the circular dated 13 January 2023, the petitioners submitted their application for admission in Nursery/Pre-School. A computerised draw of lots was thereafter conducted by the DoE on 14 March 2023, following which the petitioners were granted admission in the respondent school for the academic session 2023-24.
5. As the respondent school did not admit the petitioners, the petitioners have instituted the present writ petition, seeking a mandamus to the respondent school to admit them pursuant to the draw of lots conducted on 14 March 2023.
6. While issuing notice in this writ petition on 28 July 2023, this Court observed that the admission status of Petitioner 2- Reyansh Gupta was shown as admitted whereas Petitioner 1- Piyush Saha’s name was reflected in the waiting list. Respondent school was thus directed to reserve a seat for Petitioner 1 in class Pre-Nursery/Nursery, to be read as Nursery/Pre-School.
7. As the respondent school submitted that it has granted admission to Petitioner 2, this Court vide order dated 6 December 2023, granted provisional admission to the Petitioner 1 in Class Nursery/Pre-School as an EWS candidate in the respondent school for academic session 2023-24.
8. This Court has held, in case after case, including Jai v. Directorate of Education 2024 SCC OnLine Del 2437, Arpit v. Adriel High School 2024 SCC OnLine Del 3152 and Deepak Raj v. The Principal Apeejay School 2024 SCC OnLine Del 3213 and Ankit Kumar v. GNCTD 2024 SCC OnLine Del 3118 that schools are obligated to admit students who are shortlisted for admission by the DoE, and cannot refuse admission.
9. Resultantly, the provisional admission of the Petitioner 1 in Class Nursery/Pre-School in the respondent school, as granted by this Court vide order dated 6 December 2023, is regularised and made final.
10. The petitioner shall be entitled to study in the respondent school as an EWS student in accordance with the provisions of RTE Act and shall be entitled to all facilities to such students are entitled.
11. The writ petition stands allowed in the aforesaid terms with no orders as to costs.
