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The Delhi High Court reiterated that in cases of wrongful termination of service, reinstatement with continuity of service and back wages is normal rule.
The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.
It can no longer be said that the fixing of cutoff date 31 December as a date beyond which no order of provisional admission can be passed, is a principle which should be regarded as judicially binding, till a hierarchically superior court speaks on it.
Non-availability of Chief Minister or non-formation of a Standing Committee or disputes pertaining to appointment of an aldermen by the LG or non-delivery of judgment by a competent Court or non-compliance of certain provisions of Delhi Municipal Corporation Act cannot come in the way of the school-going children receiving their free text books, writing material and uniform forthwith.
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.