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1. These writ petitions have been filed by various schools challenging the orders of the DoE by which the schools' applications for exemption from admission of the allotted Economically Weaker Section["EWS"]/Disadvantaged Groups ["DG"] category candidates have been rejected.

2. The details of the rejection orders are as follows:-

5. W.P.(C) 13665/2021 18.08.2021

3. The petitions arise out of the obligation of private unaided schools to admit 25% candidates from the EWS/DG category under the Right of Children to Free and Compulsory Education Act, 2009. The issue is covered by several circulars issued by the DoE, GNCTD. However, a question arose as to whether the ratio of 25% has to be computed on the basis of the total declared strength of General category students or on the basis of the General category students actually admitted. The matter was considered by this Court in a judgment dated 30.09.2013 in W.P.(C) 3385/2013 [The Sovereign School vs. Directorate of Education Govt. of NCT of Delhi]. It was held that a school would be entitled to exemption from admission of EWS/DG category candidates in the event it had made a genuine effort to admit General category candidates upto the declared strength, but was unable to do so.

7. Mr. Santosh Kumar Tripathi, learned Standing Counsel for the DOE, who appears upon advance notice, also confirms that this is the interpretation placed upon the circular by the DOE itself.

8. The mechanism of the circular appears to be that if a school despite its best effort is unable to admit the sanctioned number of candidates in the general category, then it may seek exemption from admitting all the eligible EWS/DG category candidates. The school will naturally be required to admit the number of EWS/DG category candidates forwarded by the DOE corresponding to the number of general category candidates admitted. In the event the school contends that it has been unable to admit the sanctioned number of general category candidates despite its best efforts, it may make an application for exemption to DOE and the admission to the balance number of EWS/DG category candidates will be subject to the result of the exemption application, which is required to be considered in terms of the parameters laid down in Sovereign School."

v. Whether the school requested to DOE (Zone/District) to provide the candidates for remaining vacant seats under open category.

5. What is the present status of admission from class 2nd onward to class 11th under EWS/freeship category.

6. The details of admission done at management seats. After evaluation and analyzing the request of the school as per the above criteria, it is found that the school has failed in ensuring the steps/action as per the spirit of the Act as well as above referred judgment and order of the Hon'ble High Court of Delhi, hence, the request of the school is not found fit for approval, hence, is hereby rejected. In the light of latest Directorate of Education circular No. DE.15(22)/PSB/2021-22/4958-4963 dated 03.12.2021, the school is hereby once again directed to admit all the eligible allotted EWS/DG candidates allotted to the school immediately, failing which an action under section 24(4) of DSEA & R, 1973 shall be taken against the school without giving any further opportunity to the school."