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Delhi High Court: RTE Doesn't Grant School Selection Right
6 Apr
Summary
- Right to Education Act ensures access but not specific school choice.
- Admission claims lapse if timelines pass without interim relief.
- Court noted child was offered a seat in another preferred school.
The Delhi High Court has ruled that the Right to Education (RTE) Act ensures children's access to education but does not grant them the right to choose a particular school. The court stressed that this welfare legislation aims for inclusivity and breaking down socio-economic barriers in schooling.
A division bench, led by Chief Justice D K Upadhyaya, addressed a plea for Class 2 admission under the EWS quota. The court noted that admission claims lapse if academic year timelines pass without interim relief. The mother had previously sought Class 1 admission for the preceding academic year.
The bench observed that the Directorate of Education had already allotted a seat to the child in another school from the parent's preference list. This alternative was reportedly not accepted by the parent.
The court reiterated that while RTE guarantees educational opportunities, it does not override administrative processes or the right to select a specific institution. Reasonable alternatives offered by authorities must be considered, especially after procedural deadlines have passed.
