The Delhi High Court on Monday directed the Delhi Government’s Directorate of Education (DoE) to ensure that all playschools in the Capital, which have been allotted land on the condition of admitting 25 per cent of students from the weaker sections of society, abide by the rule and educate poor children without charging fee.
Disposing of a public interest writ moved by non-government organisation Justice for All, a Division Bench said if the DoE finds any such schools to be in breach, it should immediately send an intimation about it to the Delhi Development Authority (DDA), which had allotted land to the educational institutions.
“We direct the DDA to immediately on receipt of such intimation, initiate the process for cancellation of the leases,” said the Bench, comprising Chief Justice G. Rohini and Justice R.S. Endlaw, in its 10-page judgment.
The Court said the scheme for allotment of land on concessional rate had benefited the allottees rather than the weaker sections of society, as the schools had acquired prime land at rates much below the market rate and admitted students for 25 per cent of the seats – meant for poor children – on paid basis.
While expressing displeasure over the “very unfortunate and sorry state of affairs”, the Court said the State Government had failed to devise any mechanism to ensure compliance with the condition to provide 25 per cent reservation to poor children in playschools.
The petitioner's counsel had pointed out during the hearing that the DDA had allotted plots of land for establishing nursery schools only after the allotment being sponsored by the State Government. In this situation, the State Government’s stand of washing off its hands from the responsibility was unfair.
The Court observed that the persons affected were most in need of education, for which the land allotment scheme had been devised, and they had very little access to justice.
“It is also not as if the respondents have taken any steps, year after year at the time of admission to schools, to advertise the scheme so as to make the citizens belonging to weaker sections aware thereof, to be able to approach the schools which are bound by the condition,” the Court said.
The Court also requested the Lieutenant-Governor to look into the issue of overlapping of the land allotment scheme and implementation of the Right to Education Act, which provides for free and compulsory education, and file an affidavit in this regard before March 31, 2015.
