Turned away by Delhi government schools, 376 kids move HC

Picture used for representational purpose only
NEW DELHI: Government schools have been turning away students for such reasons as not having an Aadhaar card or bank account, no proof of residence in Delhi, lack of seats in the school and non-admission to students who have twice failed a class. There are some schools that have denied admission for children being “weak in English” or being a “migrant with no documents”. Citing violation of the rights afforded to them under the Right to Education Act, 2009, and the Delhi School Education Rules, 376 students have moved Delhi high court for relief.
Most of the students affected are those seeking admission in government schools after either having studied in an unrecognised or recognised private school and those who could not complete elementary education. The classes most involved are VI to IX. Pramod Kumar Pandit of Kapashera, who wanted to get his son admitted in Class VI, was told he had no bank account or an Aadhaar card so could not be enrolled. Many others in different schools were given the same reason for denial of admission. Another frequently cited reason is a transfer certificate without a proper countersignature or lack of proof that the student is a Delhi residents.
Ashok Agarwal, advocate and member of Social Jurist, who filed a petition in court on behalf of the affected parents, said, “The Delhi government circular making a transfer certificate liable to be countersigned by a competent authority should be struck down as it is fatal to the future of lakhs of students.”
As for lack of seats, it is the constitutional obligation of the state to ensure necessary physical and academic infrastructure for the educational needs of students, he said.
Schools have regularly turned down the application of students who have failed more than twice and been part of the Patrachar Vidyalayas or the National Institute of Open Schooling. The petition cites Rule 138 of Delhi School Education Rules, 1973, to seek the quashing of the circular on not entertaining the applications of twice-failed students.

“Admission of failed students cannot be refused,” Agarwal insisted. “A student who fails in any public examination also cannot be refused re-admission in the same school. But these rules are regularly being ignored by schools.”
Department of Education officials could not be reached for comment on the matter.
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