Delhi High Court raises income threshold for EWS reservation in private schools to ₹5 lakh

Notably, the court observed that while other states had increased the income threshold to ₹8 lakh, Delhi's current limit was inadequate. The court criticised the apathy and lackadaisical attitude of state authorities in safeguarding the educational rights of economically weaker sections, which are fundamental to the Right to Education.

As part of its directives, the court ordered the immediate elimination of the self-declaration mechanism for income verification, urging the implementation of a robust framework for the continuation of free seats in schools. Expressing concern over the possibility of false self-declarations, the court cautioned against an inquiry into admissions that could create "havoc and chaos" in the education system.

The court mandated the Directorate of Education (DoE) to verify admissions and establish a Standard Operating Procedure for income verification and regular monitoring of eligibility criteria. This decision followed a petition challenging the cancellation of a student's admission due to his father's forged Voter IDs and false income declaration.

While acknowledging the child's innocence, the court maintained the importance of holding the father accountable. It ruled that the child's admission would remain undisturbed but under the General Category, imposing a cost of ₹10 lakh on the father based on his Income Tax Returns and foreign trips.

Addressing the broader issue of EWS reservation, the court underscored the need to revisit the income criterion, pointing out that even the children of unskilled laborers earning ₹17,494 per month were ineligible for EWS admissions. Rejecting a proposal to increase the income threshold to ₹2.5 lakh, the court emphasised the government's responsibility to respond to the evolving needs of society.

Advocates Vaibhav Sethi, Priya Pathania, Vikhyat Oberoi, Jagriti Pandey, Onmichon Ramlal, Mohit Garg, Rana Bed, Diskha Kakkar, and Aditya Khanna represented the petitioner.

Standing Counsel Santosh Kumar Tripathi, along with Advocates Arun Panwar, Pradyumn Rao, and Utkarsh Singh, represented the Directorate of Education.

Advocates Siddarth Nath, Khushboo Hora, and Anunay Chowdhary represented the school in this pivotal case.