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Core Purpose

Notification amending Clause 2(c) of the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, to raise the qualifying annual income threshold to Rs. 2.5 lakh and remove the three-year Delhi residency requirement, in compliance with Delhi High Court directions.

Detailed Summary

Directorate of Education, Government of National Capital Territory of Delhi notification No. F.15(1615)/PSB/2023/EWS/Notification/6505-6519 dated 12 November 2024, issued under sub-section (1) of Section 3 of the Delhi School Education Act, 1973 (18 of 1973) read with Rule 43 of the Delhi School Education Rules, 1973 and the Right of Children to Free and Compulsory Education Act, 2009, amends clause 2(c) of the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011 (originally published vide notification No. 15(172)/DE/Act/2010/69 dated 7 January 2011) to redefine an EWS child as one whose parents have total annual income of less than Rs. 2,50,000 from all sources and who are staying in Delhi (removing the earlier 'last three years' residency requirement), in place of the earlier Rs. 1,00,000 threshold; this follows a series of Delhi High Court rulings: the 2013 amendment (per judgment dated 7 October 2013 in W.P.(C) No. 3168/2013, Himangi v. GNCT of Delhi, removing the three-year residency phrase, via Circular No. DE-15/Act-I/WPC No. 3168/13/2013/11734-11738 dated 14 November 2013); the judgment dated 5 December 2023 in W.P.(C) No. 4006/2021, Master Singham v. Directorate of Education & Anr., directing an increase of the income threshold to Rs. 5 lakh; and the order dated 5 March 2024 in LPA No. 120/2024, Directorate of Education v. Master Singham & Anr., staying that direction and setting an interim threshold of Rs. 2.5 lakh; the notification takes effect on the date of publication in the Delhi Gazette; signed by Shingare Ramchandra Mahadev, Additional Secretary (Education), by order of and in the name of the Lieutenant Governor of the National Capital Territory of Delhi.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-14112024-258651 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 283] DELHI, WEDNESDAY, NOVEMBER 13, 2024/KARTIKA 22, 1946 [N. C. T. D. No. 248 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI DIRECTORATE OF EDUCATION NOTIFICATION Delhi, the 12th November, 2024 No. F.15(1615)/PSB/2023/EWS/Notification/6505-6519.— The Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, was published vide Notification. No. 15(172)/DE/Act/2010/69 dated 07.01.2011; Whereas, in compliance of the Hon'ble High Court, Delhi judgement dated 07.10.2013 passed in W.P. (C) No. 3168/2013 titled Himangi Vs. GNCT of Delhi, the clause 2 (c) of the order dated 07.01.2011 was amended to the extent that the phrase "for the last three years" appearing in the expression "Child belonging to weaker sections" was removed vide Circular No. DE-15/Act- I/WPC No. 3168/13/2013/11734-11738 dated 14.11.2013; Whereas, vide judgement dated 05.12.2023 passed in W.P. (C) No. 4006/2021 titled Master Singham Vs. Directorate of Education & Anr., the Hon'ble High Court of Delhi directed to increase the required income under Clause 2 (c) of order dated 07.01.2011 to Rs. 5 lakhs instead of Rs 1 lakh; Whereas, vide order dated 05.03.2024 passed in L.PA No. 120/2024, titled as Directorate of Education Vs. Master Singham &Anr., preferred by Directorate of Education, the directions in Para-119 of the impugned judgement dated 05.12.2023 in W. P. (C) No. 4006/2021 has been stayed and the threshold income for admission under EWS in interregnum is directed to be increased to Rs. 2.5 lakhs. Therefore, in compliance of said directions of Hon'ble High Court of Delhi and in exercise of the powers conferred by sub-section (1) of section 3 of the Delhi School Education Act, 1973 (18 of 1973) read with rule 43 of the Delhi School Education Rules, 1973 and under the provisions of the Right of Children to Free and Compulsory Education Act, 2009, the Hon'ble Lt. Governor of the National Capital Territory of Delhi is pleased to amend the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, as under- "In sub-clause (c) of clause 2 of the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order 2011, the words “means a child whose parents have total annual income of less than one lakh rupees from all sources and who have been staying in Delhi for the last three years" shall be substituted with “means a child whose parents have total annual income of less than two lakh and fifty thousand rupees from all sources and who have been staying in Delhi" The notification shall come into force on the date of its publication in the Delhi Gazette. By Order and in The Name of Lt. Governor National Capital Territory of Delhi SHINGARE RAMCHANDRA MAHADEV, Addl. Secy. (Education) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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