Regarding a decision that had been given down on December 14th, the court was considering a petition that had been presented by the Directorate of Education (DOE). This petition was in opposition to the ruling that had been handed down.
The order that was issued by the single judge bench of the Delhi High Court was modified on Tuesday by the Delhi High Court. The income threshold for claiming Economically Weaker Section (EWS) reservation for admission to schools in the city was raised from ₹1 lakh per annum to ₹5 lakh as a result of the order.
While the matter was still being heard, a division bench led by acting Chief Justice Manmohan put into effect a measure that was considered to be an interim measure. With this bench, the threshold that was previously set at ₹1 lakh was raised to ₹2.5 lakh.
In addition, the notice that further stayed the instruction of the single judge was given by the bench, which also included Justice Manmeet Pritam Singh Arora. The single judge had requested that the government of Delhi immediately eliminate the current system of admission in the EWS category, which is dependent on a self-declaration of income by the parents, and that they devise an acceptable framework for EWS admissions in schools. This request was made by the single judge.
We will be issuing a notice. “Until further orders, there shall be a stay on the directions contained in paragraph 119 of the impugned judgement (dated December 14), with the exception that the threshold income for Economically Weaker Section shall stand increased from ₹1 lakh to ₹2.5 lakh until further orders,” the court stated in its order after posting the petition for consideration on August 5th. The petition was brought before the court for consideration.
A lawsuit was presented to the court by the Directorate of Education (DOE) of the Delhi government. The petition disputed the decision that had been handed down by a panel of justice Purushaindra Kumar Kaurav on December 14. The petition was now being considered by the court.
In the order that was presented, Justice Kaurav had issued an instruction that the existing income threshold for claiming EWS reservation in the city should be raised to ₹5 lakh. It is expected that this rise will continue to be in force until the government of Delhi revises the required income level. The court has requested that the government raise the barrier to an amount that is commensurate to the standard of living of the individuals who are meant to experience benefits as a result of the scheme.
According to the judge's point of view, the threshold that is already in place does not accurately reflect the economic hardships that families are currently facing in the present day. In addition, the judge remarked that Delhi had the lowest needed income criterion as compared to the sum of ₹8 lakh per annum that was taken into consideration by the bulk of the states.
According to the Delhi School Education (Free seats for Students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, children who have been residing in the Capital for the past three years and whose parents have an annual income of less than ₹1 lakh are eligible for admission under the EWS quota. This quota encourages students from economically disadvantaged groups to receive free seats in schools. It is impossible to argue against this being a fact.
In the presence of its standing counsel Santosh Kumar Tripathi, the Department of Education (DOE) claimed on Tuesday that the abrupt increase in the barrier will have a negative impact on candidates who fall into the labour category and have an income of one lakh. This argument was made in the context of the unexpected increase in the criterion. In addition, it would be detrimental to the fundamental right to get an education that is both free and mandatory, which is protected by article 21A of the Constitution.
Furthermore, Tripathi maintained that the current system of admittance in the EWS category, which is based on a self-declaration of income by the parents, was appropriate and did not require any changes to be made. This mechanism is based on the fact that income is self-declared by the parents. In addition, the attorney noted that the government was unable to carry out the orders that were issued by the sole judge since the admission procedure had already began in November. This was due to the fact that the administration had already initiated the process.