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The right available under Article 21A of the Constitution or under Section 12 of the RTE Act is only to free and compulsory education till the age of fourteen, not for being provided such education in a particular school.
The present case reflects a tormenting situation where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates. A calculated attempt at subverting the cherished constitutional vision of education for all is under scrutiny in this case.
“During the pendency of the present petition, the petitioner had reached the age of superannuation. Therefore, the Court held that ends of justice would be met if petitioner was directed to be paid compensation in lieu of reinstatement and back wages.”
In cases of admission under the Economically Weaker Section category or Disadvantaged Group category, the schools must not insist upon following the neighbourhood criteria strictly. The Directorate of Education is directed to make endeavour, as far as possible, to allot schools which are nearest to the residence of the students.
The Delhi High Court held that schools were entitled to maintain a reasonable surplus for expansion of the system and development of education and the same could not be construed as commercialization of education.