The Delhi High Court on Wednesday sought responses from the Delhi government, the Central Board of Secondary Education (CBSE), and the National Council of Educational Research and Training (NCERT) on a public interest litigation (PIL) alleging “commercialisation” and “systemic exclusion” of economically weaker section (EWS) students in private schools.
A division bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela issued notice and directed the authorities to file their replies within four weeks. The matter will be heard next on November 12.
The plea, filed by education policy researcher and social activist Jasmit Singh Sahni, contends that EWS and disadvantaged group students admitted under the Right to Education (RTE) Act are being compelled to purchase costly private publisher books and overpriced academic materials, pushing them out of the schooling system.
Sahni, represented by advocates Amit Prasad and Satyam Singh, argued that despite repeated government interventions, schools continue to prescribe private publisher books costing up to ₹12,000 annually, whereas NCERT books cost less than ₹700.
“This widespread practice not only violates CBSE affiliation bye-laws and RTE Rules but also defeats the very objective of inclusive education by forcing EWS students to withdraw from schools,” the petition stated.
The petitioner further highlighted that while the Delhi government provides an annual reimbursement of ₹5,000 per EWS student, the actual costs imposed by private schools far exceed this support, creating an “unbridgeable gap.” As a result, many disadvantaged families are compelled to surrender their children’s admissions, undermining the 25% reservation mandate under Section 12(1)(c) of the RTE Act.
The plea also referred to CBSE circulars of 2016–2017, which mandated the exclusive use of NCERT textbooks, and alleged non-compliance by private schools. It further pointed out violations of the School Bag Policy 2020, which caps bag weight at 10% of a child’s body weight.
Citing RTI findings, the petitioner claimed that students are carrying school bags weighing 6–8 kg, leading to musculoskeletal problems and psychological stress.
The petition urged the court to intervene urgently, warning that if the practice continued, the statutory quota for disadvantaged children could remain unfilled or be diverted to general category seats, thereby eroding the intent of the RTE Act.
The bench has sought responses from the Delhi government, CBSE, and NCERT, and will take up the matter again on November 12.
