The Delhi High Court clarified the provisions of Article 21A of the Constitution, highlighting that while it guarantees free and compulsory education up to the age of fourteen, it does not entitle children to demand admission to a particular school.
Highlights:
Delhi High Court clarifies that Article 21A guarantees free education until age fourteen, but not admission to a specific school.
Justice C Hari Shankar dismisses plea by seven-year-old girl seeking admission to Class II as an EWS student.
The girl's failure to apply for admission in the subsequent academic year led to her exclusion from any draw of lots.
Constitutional and statutory rights do not ensure admission to a preferred school; each academic year is treated separately.
The Delhi High Court clarified the provisions of Article 21A of the Constitution, highlighting that while it guarantees free and compulsory education up to the age of fourteen, it does not entitle children to demand admission to a particular school. This clarification came in response to a plea filed by a seven-year-old girl represented by her mother, seeking admission as an Economically Weaker Section (EWS) student in Class II for the academic year 2023-24.
The court's decision stemmed from a legal dispute arising when the girl, despite being shortlisted for admission through a computerized draw in the previous academic year, failed to secure a spot in her desired school. Justice C Hari Shankar pointed out that the girl's failure to apply for admission in the subsequent academic year meant she was not included in any draw of lots for that year, thereby lacking a legal entitlement to admission.
The ruling shows the distinction between the right to education and the right to admission in a specific institution. While constitutional and statutory provisions ensure access to education, they do not guarantee enrollment in a preferred school. Moreover, the court emphasized that each academic year is treated as a separate session, and previous shortlisting does not automatically carry over to subsequent years.
Drawing inference
The Delhi High Court's ruling brings to light the complexities of educational access and enrollment, particularly for economically disadvantaged students seeking admission under the EWS category. While it clarifies the legal framework surrounding education rights, it also highlights the practical challenges faced by students in navigating the admission process.
Moving forward, there is a need for greater transparency and fairness in admission procedures, especially for EWS students. Efforts should be made to streamline processes and enhance awareness of educational opportunities. Additionally, policymakers and education authorities must address systemic barriers to ensure equitable access to quality education for all children.
Ultimately, while legal clarity is essential, it must be accompanied by concerted efforts to bridge the gap between constitutional ideals and ground realities in the education sector, ensuring that every child has the opportunity to access education and fulfill their potential.
