Income on ITR Submitted for EWS admission in School: Delhi HC directs to Increase Income Threshold from Rs 1 lakh and Rs 5 lakh [Read Order]

The Delhi High Court directed to Increase the Income Threshold under the Economically Weaker Section(EWS) from Rs 1 Lakh and Rs. 5 Lakh in a case where the income certificate of a student was alleged to be misrepresented. The Court relies on the Income shown in the Income Tax Return( ITR) Submitted.  

Master Singham, the petitioner is a minor student whose father, on 08.01.2013, got the requisite income certificate issued by the Tehsildar in the office of the Deputy Commissioner (New Delhi District) to secure admission for his son in Sanskriti School, New Delhi. The said certificate assessed the annual income of the petitioner’s father to be Rs. 67, 200/- from all sources.

The petitioner got admitted in respondent no.2-School in 2013, availing the quota for EWS based on the aforementioned income certificate of his father.  After admission, the petitioner continued to study in respondent no.2-School as an EWS category candidate without any difficulty till 2018.

The school felt doubt when the father of the petitioner wrote letters to the Principal of respondent no.2School along with the admission form of the sibling of the petitioner, seeking alteration in the category of petitioner from EWS to General category and change in address of the petitioner’s residence.

The letter was forwarded to respondent no.1-Directorate of Education (DOE) and accordingly, enquiry from the District Magistrate, Jamnagar House, Delhi (DM, Jamnagar) about the income certificate of the father of the petitioner was directed.

The DOE, cancelled the petitioner’s admission on the allegation that the income certificate was obtained by misrepresentation of the actual income by the petitioner’s father, whereby, he declared his total income from all the sources as Rs. 67,200/-.

The respondent alleged that the father of the petitioner had made a false and fraudulent self-declaration claiming his income to be Rs. 67,200/- per annum from all sources to obtain the income certificate from the Revenue Department, whereas, his actual income for the said year is much higher than the said amount.  He contends that the income certificate as well as the domicile certificate was obtained fraudulently through misrepresentation of facts and therefore, both the documents came to be cancelled vide orders dated 18.04.2018 and 07.05.2018 by the competent authorities.

A single bench comprising Justice Purushaindra Kumar Kaurav does not find any reason to interfere with the show cause notice and the impugned order dated 09.02.2021 as well as the letter issued by respondent no.2-School dated 15.02.2021.

The Court held that the petitioner was not at fault in the whole saga. It is the father of the petitioner who perpetuated the misdeeds for which the petitioner should not be made to suffer at this belated stage, precisely when the petitioner has been continuing his studies since 2013.

Further directed that the admission of the petitioner in respondent no.2-School shall remain undisturbed. Further directed that the required income under Clause 2(c) of the 2011 Order shall be considered to be increased to Rs. 5 lakhs instead of Rs. 1 lakh as all the other States have the threshold amount in question to the tune of almost Rs. 8 lakhs.

To Read the full text of the Order CLICK HERE

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