Apex Court stays High court direction to Delhi schools to fill EWS backlog in next 5 years

The Supreme Court on Tuesday stayed a Delhi judicature order, which asked the Delhi government to make sure that personal schools fill the backlog of unfilled seats for economically weaker sections (EWS) during a phased manner within the next five years.

Senior advocate Shyam Divan, representing the petitioner, contended before a bench headed by Justice Sanjay Kishan Kaul that the supreme court order was passed on a letter patent appeal (LPA), at the behest of an individual who wasn't a celebration before the one judge.

As Justice Kaul asked Divan how did the appeal manifest itself, Divan replied that a limited notice was issued within the LPA, and added that the high court's division bench from a limited notice, passed an in depth order with such far-reaching consequences

Justice Kaul wondered how the appellant, who wasn't a celebration before the only judge, could have intervened at the stage of LPA. The bench, also comprising Justice M.M. Sundresh said: "There could also be an issue regarding filling up seats. But who are you to come back before the division bench?"

The bench noted that the tribunal had treated the LPA proceedings sort of a Public Interest Litigation (PIL) and passed the order. "My conscience is shocked by this order, that's all," said Justice Kaul.

After hearing arguments, the bench said: "Issue notice. Learned counsel for the respondent Nos 1 and 4 and a couple of & 3 accept notice. Counter affidavit be filed within period as prayed for. Rejoinder affidavit be filed within period of time thereafter. within the meantime, there shall be stay of the impugned order(s) as also further proceedings".

The bench scheduled the matter for further hearing on September 1.

The top writ came on a plea filed by Venkateshwar Global School against Justice for All et al.

In May this year, a division bench of the Delhi tribunal ordered that in cases where schools, both on private and government lands, don't adhere to the admission conditions for EWS category students, the Delhi government must step in by exercising its duty, as a state.

The Delhi government had submitted before the judicature that quite 132 private schools were violating admission requirements with reference to the EWS category. the govt said it had issued notice to the faculties.