Delhi High Court upholds suspension of Delhi government’s order on admission process for EWS, DG, and CWSN categories

New Delhi ★The Delhi High Court has upheld the suspension of the Delhi government’s order granting permission to private, unaided schools in the city under the Economically Weaker Section (EWS), Disadvantaged Group (DG), and Children with Special Needs (CWSN) categories. The court stated that obtaining sensitive personal information of a child may violate their right to privacy under Article 21 of the Constitution of India. The requirement of Aadhaar for entry was also deemed unnecessary.

The division bench, comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, referred to the Supreme Court’s decision in the KS Puttaswamy case and concluded that the government’s circular was prima facie contrary to constitutional provisions. The court refused to interfere with the order passed by single judge Justice Anup Jairam Bhambhani, who had previously stayed the circular.

The court clarified that the single judge has not yet taken a final view on the matter, and therefore, the division bench refrained from giving its opinion. The necessity of Aadhaar was also rejected by the bench. The circular was challenged in a petition filed by the father of a 5-year-old child, who argued that a child cannot be forced to have an Aadhaar card and should not be denied any subsidy or benefit for not presenting their Aadhaar.

The Delhi government, in its appeal, contended that the single judge failed to understand the intent and objectives behind the circular. It argued that making Aadhaar mandatory aims to eliminate duplicate applications and fraudulent admissions. The government emphasized that the policy initiative does not violate the child’s right to free and compulsory education, but serves as a safeguard against fake identities. It clarified that it does not directly access the Aadhaar database and has no intention of compromising privacy or security.

However, the Division Bench of the Delhi High Court upheld the suspension and dismissed the appeal. The court stated that the circular was prima facie contrary to constitutional provisions and refused to interfere with the single judge’s order. The Delhi government was represented by standing counsel Santosh Kumar Tripathi along with several advocates, while advocates Ayush Aggarwal and Oritro Mukherjee appeared on behalf of the child’s father.

Summary:

• The Delhi High Court upheld the suspension of the Delhi government’s order on admission process for EWS, DG, and CWSN categories in private, unaided schools.
• The court stated that obtaining sensitive personal information of a child may violate their right to privacy.
• The requirement of Aadhaar for entry was deemed unnecessary.
• The circular was challenged in a petition filed by the father of a 5-year-old child.
• The court refused to interfere with the single judge’s order and dismissed the appeal.