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Core Purpose

Notification under section 3(1) of the Delhi School Education Act, 1973 further amending the Delhi School Education (Free Seats for Economically Weaker Sections and Disadvantaged Group) Order, 2011 to raise the EWS parental income eligibility threshold from Rs. 2.5 lakh to Rs. 5 lakh per annum.

Detailed Summary

Issued by the Directorate of Education, Government of NCT of Delhi (No. F.15(1615)/PSB/2023/EWS/Notification/7134-7148, dated 23 December 2024), this notification amends clause 2(c) of the Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011 (originally issued vide Notification No. 15(172)DE/Act/2010/69 dated 7 January 2011) by substituting "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" with "...five lakhs rupees from all sources and who have been staying in Delhi"; it is issued in exercise of powers 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 under the Right of Children to Free and Compulsory Education Act, 2009, pursuant to the direction of the Lieutenant Governor to review the existing 2.5 lakh threshold and the recommendation of a Committee constituted by the Directorate of Education; the notification recounts the amendment history - the 2011 Order's original "last three years" residency clause was removed following the Delhi High Court's judgment dated 7 October 2013 in W.P.(C) No. 3168/2013 (Himangi v. GNCT of Delhi) via Circular No. DE-15/Act-1/WPC No.3168/13/2013/11734-11738 dated 14 November 2013; the Delhi High Court's judgment dated 5 December 2023 in W.P.(C) No. 4006/2021 (Master Singham v. Directorate of Education & Anr.) had directed the income threshold be raised from Rs. 1 lakh to Rs. 5 lakh; that direction was stayed by order dated 5 March 2024 in LPA No. 120/2024 (Directorate of Education v. Master Singham & Anr.), with an interim threshold of Rs. 2.5 lakh set via a Notification dated 12 November 2024 - and the present notification, effective from the date of its publication in the Delhi Gazette, is signed by Shingare Ramchandra Mahadev, Ex-Officio Additional Secretary (Education).

Full Text

8314 DG/2024 (1) रजिस्ट्री सं. डी.एल.- 33002/99 REGD. No. D. L. -33002/99 EXTRAORDINARY PUBLISHED BY AUTHORITY PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI No. 3 33] DELHI, TUESDAY , DECEMBER 24, , 2024/ PAUSHA 3, 1946 [N. C. T. D. No. 303 GOVERNMENT OF INDIA SG-DL-E-26122024-259633 2 DELHI GAZETTE : EXTRAORDINARY PART IV] DIRECTORATE OF EDUCATION NOTIFICATION Delhi, the 23rd December, 2024 No. F. 15 (1615)/PSB/2023/EWS/Notification/7134 -7148 .—The Delhi School Education (Free Seats for students belonging to Economically Weaker Sectio ns 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 -1/WPC No. 3168/13/2013/1 1734 -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. Whereas, 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 Delhi School Education (Free Seats for students belonging to Economically Weaker Sections and Disadvantaged Group) Order, 2011, was amended vide Notification dated 12.11.2024 as under - "In sub -clause (c) of clause 2 of t he 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" Whereas, in pursuance of direct ions of Hon'ble Lt. Governor to review the threshold income limit of 2.5 lakhs and recommendations of Committee constituted by the DoE therein to increase the EWS income limit under RTE Act 2009 from Rs 2.5 lakhs to Rs 5 lakhs to ensure greater inclusion of the EWS children. Now, therefore 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 o f Children to Free and Compulsory Education Act, 2009 the 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) Ord er, 2011, as under : - In sub -clause (c) of clause 2 of the Delhi School Education (Free Seats for students belonging Economically Weaker Sections and Disadvantaged Group) Order 2011, the words “means a child whose parents have total annual income of less t han two lakhs and fifty thousand rupees from all sources and who have been staying in Delhi " shall be substituted with "means a child whose parents have total annual income of less than five lakhs 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 the Lt. Governor of the National Capital Territory of Delhi, SHINGARE RAMCHANDRA MAHADEV, Ex-Offcio Addl. Secretary (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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