[eebill] news report: 30 schools challenge underprivileged quota in HC

[Times of India, New Delhi, Thursday, February 3,
2005, p.3]

30 schools challenge underprivileged quota in HC

TIMES NEWS NETWORK

New Delhi: About 30 schools in Delhi have moved the
Delhi High Court challenging the notification of the
Directorate of Education (DoE) directing education
institutions to reserve 20% of their seats for
children from weaker sections of society.

The schools which have questioned the directive
include St Columba?s, DPS, Cambridge and Mater Dei.
The High Court has issued notices to the DoE and the
government.

The DoE?s notification was subsequent to the high
court order asking the government to implement the
agreement made between schools and concerned
land-owning civic agencies.

According to the agreement, schools which got land at
subsidised rates were supposed to reserve 20% of their
seats for underprivileged children.
DoE issued the notification on April 27, 2004. This
was four months after the high court order directing
the government after a petition had been filed in the
high court by an NGO, Social Jurist.

DoE?s advocate said: ?Some of the schools have
approached the court claiming they did not purchase
land at subsidised rates from the land owning
agencies. While these schools are seeking a waiver of
the condition, others have challenged the notification
on grounds that ultimately the Act which governs the
functioning of schools.?

The contention of the schools is that the Education
Act gives them discretionary powers to reduce the fees
of those who are unable to pay the entire amount.
Schools have claimed that they were already giving
concessions to such students and that since freeship
reservation is not a part of the Act, they cannot be
compelled to follow it.

In its petition Social Jurist had claimed that the
government, under the universalisation of elementary
education, have the power to direct schools to keep
205 seats free for children from the weaker sections
of the society.

Even the 155th report of the Law Commission had
suggested 50% reservations for the weaker sections of
the society.


Box: RESERVATION DEBATE

- About 30 schools in Delhi have moved the HC
challenging the directive sent out by DoE to reserve
20% seats for underprivileged kids.

- The schools which have questioned the directive
include St Columba?s, DPS and Mater Dei.




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