In a recent pronouncement, the Delhi High Court underscored that Article 21A of the Constitution guarantees free and compulsory education to children up to the age of fourteen, yet it does not confer upon a child the privilege to demand admission to a particular institution.
This clarification was provided by Justice C Hari Shankar while dismissing a plea filed by a seven-year-old girl, represented by her mother, who sought admission as an Economically Weaker Section (EWS) student in Class II for the academic year 2023-24.
The legal contention arose when the applicant was selected through a computerized draw conducted by the Directorate of Education (DoE) for admission to Class I at a specific school for the academic year 2022-23. However, the school declined her admission, prompting a legal challenge. Justice Shankar observed that the girl did not apply for admission in the subsequent academic year (2023-24) as an EWS student, thereby her name was not included in any draw of lots for that year. The absence of application and subsequent draw implied that she lacked a legal entitlement to admission for that particular academic session.
Article 21A and Section 12 of the Right to Education Act (RTE) guarantee free and compulsory education until the age of fourteen.
The Delhi High Court elucidated that the constitutional and statutory entitlement under Article 21A and Section 12 of the Right to Education Act (RTE) pertains to free and compulsory education until the age of fourteen, rather than a choice of educational institution. Moreover, it clarified that rights obtained through a draw of lots for a specific academic year do not automatically extend to the subsequent academic year for a different grade. According to a report by the news agency IANS, Justice Shankar underscored that each academic year is deemed a new session, and if a child, despite being shortlisted, fails to secure admission for any reason and allows the academic year to pass without recourse to legal action, they cannot assert a right to admission in the following academic year based on previous shortlisting.
While dismissing the plea for admission to Class II at the specific school, the court directed the Directorate of Education (DoE) to endeavor to ensure the girl obtains admission as an EWS student in Class II at another institution, reaffirming the commitment to universal education mandated by the constitution, albeit without the provision for selection of a preferred school.
