HC disposes of plea seeking inclusion of orphan in EWS category; expects govt. to continue providing admissions and employment to orphans[Read Judgment]

A Public Interest Litigation (PIL) was filed in the High Court seeking EWS quota to orphan kids while applying for admission in schools. The PIL also requested a provision for financial assistance to the persons looking after the orphans.

The Government of NCT of Delhi submitted that the orphans have continuously been getting admission in private as well as government schools. A status report was filed to accompany the argument wherein it was mentioned that out of a total of 225 children being given admission in schools, 25 were orphans.

The Department of Women and Child Development in the aforementioned report even stated that 28 orphans have been provided employment between 01.04.2019 and 31.03.2020 in various sectors including hospitality, teaching, and NGOs. Furthermore, another report was filed by the department, giving details of the educational and employment status of the residents of Asha Kiran Homes, which are operated by the said Department.

A counter-affidavit was filed by the Union of India stating that the Ministry of Women and Child Development is implementing a Child Protection Service Scheme with an objective to provide the security net of statutory and service delivery structure to the children in difficult circumstances. UOI however also stated that the primary responsibility of the execution lies with the State Government under Section 27(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015

Upon perusal of the status reports and arguments of the petitioners and respondents, the bench comprising of Hon’ble Chief Justice D.N Patel and Hon’ble Mr. Justice Prateek Jalan disposed off the present PIL stating that they don’t find any reason to further monitor the case. However, the bench did mention that it is expected out of the government to continue looking after the admission and employment of orphans as they had done so far.

Case Details

W.P.(C) 3622/2020

Case- HARPAL SINGH RANA v. UNION OF INDIA & ORS.

Counsel for petitioners- Mr.Akhil Rana, Adv.

Counsel for respondents-  Ms.Shiva Lakshmi, Adv. for R1/UOI. Ms.Hetu Arora Sethi, ASC for GNCTD along with Mr.Arun Kr.Jha, Jt. Director, Mr.Premoday Khakha, Asstt. Director, Deptt. of WCD.

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