Delhi High Court Rules on Right to Education: No Right to Choose School

In a significant ruling, the Delhi High Court has stated that a child's right to education does not extend to the right to choose a specific school. This decision was made by a bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia.

The court emphasized that the Right to Education Act is designed to promote social inclusion and ensure that schools serve as equitable spaces, free from caste and ethnic discrimination. However, the judges clarified that this right does not equate to the ability to select a particular school.

This verdict arose from an appeal by a mother seeking admission for her child in Class 2 under the Economically Weaker Section (EWS) category at a private school for the 2024-2025 academic year. Previously, she had approached a single-judge bench regarding admission for her child in Class 1 for the 2023-2024 session.

The single judge had noted that while the school had no valid reason to deny admission, the conclusion of the academic year prevented further orders for the subsequent year. The unfilled EWS seats would carry over to the next academic year, allowing for future applications.

In her appeal, the mother argued that her child should be admitted to the school for the upcoming year. However, the division bench rejected her request, stating that once the academic year ends, the right to admission lapses without a provisional order.

It was also noted that although the school denied her child's admission, the Directorate of Education had placed her child in another school of her choice, which she later rejected.

The mother claimed her child was selected for admission through a lottery conducted by the Directorate of Education but faced barriers during the verification process. Ultimately, the court concluded that the mother's refusal of alternative schooling options contributed to the situation.