Supreme Court stays order asking to clear backlog of unfilled EWS seats in private schools

NEW DELHI: The Supreme Court Tuesday stayed a Delhi High Court order directing the AAP government to try and clear the backlog of unfilled EWS seats in private schools in the next five years. A bench of Justices SK Kaul and MM Sundresh issued notice to the Delhi government's Education Department and others on an appeal challenging the high court order.

"Issue notice. Counter affidavit be filed within two weeks. In the meantime, there shall be a stay of the impugned order(s) as also further proceedings," the bench said. The top court was hearing an appeal filed by Venkateshwar Global School against an order dated May 26, 2022, of the high court. It also said the state has to step in to aid EWS category students in cases where schools have not complied with the requirements of admissions.

The high court had said the state shall ensure that the 25 per cent seats in the EWS category be filled up based on declared sanctioned strength at the entry-level -- pre-school, nursery, pre-primary, KG, and class-I -- irrespective of the actual number of students admitted in the general category. "In instances where schools have not complied with the strict requirements of admission of EWS category students, the state has to step into the aid of the latter and exercise its duty as a welfare state. No beneficiary of government land can overlook or avoid its obligation under the allotment," the bench had said.

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"In the circumstances, every endeavour shall be made by the state to ensure that the backlog of unfilled seats in private schools, both on private and government lands, is filled up in the next five years in a phased manner, that is, 20 per cent of the vacancies each year, in addition to the mandated annual 25 per cent intake, " it had said.