Supreme Court Directive on EWS Quota in Education
The Supreme Court has emphasized that granting admissions to children from economically and socially weaker sections (EWS) in educational institutions should be considered a "national mission." A directive has been issued for authorities to establish rules ensuring the 25% reservation quota in private unaided non-minority schools is effectively implemented.
Judicial Observations
- The admission of EWS category children is deemed an obligation for the government and local authorities.
- Courts, both constitutional and civil, are encouraged to offer accessible and efficient relief to parents denied this right.
Case Background
The issue arose from difficulties faced by EWS students in securing admissions under the Right to Education (RTE) Act, which mandates a 25% reservation in private unaided non-minority schools.
- A special leave petition was filed by a parent whose children were denied admission despite seat availability due to procedural issues.
- The Bombay High Court had previously rejected the petition due to non-compliance with the online application process.
Challenges Highlighted
- Digital Illiteracy: The online application process does not accommodate those unfamiliar with digital systems.
- Language Barriers: Lack of language support complicates the application process for many parents.
- Insufficient Support: A lack of helpdesks and information about seat availability hinders access.
- Transparency Issues: The admission process lacks clarity and transparency.
- Grievance Redressal: There is uncertainty about the forums available for addressing grievances.
Proposed Solutions
The Supreme Court recommends formulating subordinate legislation, with necessary rules and regulations, to facilitate EWS admissions in neighborhood schools. This is essential to enforce Article 21A (right to education) of the Constitution and Section 12(1)(c) (EWS reservation) of the RTE Act effectively.
Implementation Steps
- The appropriate authorities are directed to issue rules in consultation with the National Commission for Protection of Child Rights (NCPCR) and State Commissions, as well as national and state advisory councils.
- Section 38 of the RTE Act empowers the government to make rules and lay these before Parliament.
