Right Of Children To Free And Compulsory Education Act: Delhi High Court dismisses plea against cash payments for EWS students’ school uniforms, upholds Delhi government policy

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The Delhi High Court has dismissed a review petition challenging the Delhi government’s decision to provide cash to students from economically weaker sections (EWS) and disadvantaged groups enrolled in private schools to purchase uniforms. The court declined to reconsider its earlier ruling that upheld the government’s policy, observing that the decision to provide financial assistance instead of uniforms did not warrant judicial interference.According to PTI, a bench of Justices Subramonium Prasad and Renu Bhatnagar rejected the plea filed by the NGO Justice For All, which had sought a review of the court’s January 2023 ruling on the issue.The petition argued that the government was required to provide uniforms to eligible students in aided and unaided private schools under the Right of Children to Free and Compulsory Education (RTE) Act, rather than transfer money to their accounts for purchasing them.

Why did the Delhi High Court reject the review petition?

In its ruling dated October 12, the bench observed that the grounds raised in the review petition sought to reopen and reargue the entire case. The court held that a policy decision cannot be interfered with unless it is so arbitrary, whimsical or capricious that it shocks the conscience of the court.The bench said the government’s decision to provide cash instead of uniforms, citing difficulties in implementing the procurement and distribution process, could not be considered completely arbitrary or unreasonable.The court also noted that it had examined the material submitted by the Government of the National Capital Territory of Delhi (GNCTD), including the new policy dated June 10, 2025, and the note placed before the Council of Ministers.After considering these documents, the court concluded that the policy was not contrary to the statutory requirements.

Why did the Delhi government introduce cash payments for uniforms?

The Delhi government had earlier told the court that procuring and distributing uniforms to individual students was not feasible because of operational constraints.According to the government, the Cabinet considered the difficulties involved in arranging and distributing uniforms and decided to adopt an alternative approach. A fresh policy was introduced in June 2025 to provide an appropriate amount of money to eligible students for purchasing their school uniforms.The government’s position was that direct financial assistance would address the practical challenges associated with supplying uniforms to students across schools.

What did the Delhi High Court rule in January 2023?

On January 23, the Delhi High Court upheld the city government’s decision to provide cash to students admitted to private schools under the EWS and disadvantaged group categories for purchasing uniforms.At the time, the court acknowledged that authorities could face genuine difficulties in processing individual requirements and orders for uniforms for every eligible student.The January 2023 ruling had sustained the government’s approach. Justice For All subsequently sought a review, arguing that the arrangement did not comply with the requirements of the RTE Act.With the dismissal of the review petition, the court has declined to revisit its earlier decision on the basis of the grounds raised by the NGO.(With inputs from PTI)