Delhi High Court Upholds Cash Aid for EWS Students’ Uniforms

The CSR Journal Magazine

The Delhi High Court has upheld the Delhi government’s initiative to provide cash assistance to students from economically weaker sections (EWS) and disadvantaged groups for the purchase of uniforms. This decision follows a review petition filed by the NGO Justice For All, which sought to challenge the court’s previous ruling from January 23. The court’s bench, consisting of Justices Subramonium Prasad and Renu Bhatnagar, dismissed the petition, affirming the government’s approach.

Government’s Rationale for Cash Assistance

The petitioner contended that the Delhi government should supply uniforms directly to EWS and disadvantaged group students enrolled in both aided and unaided private schools, as mandated by the Right of Children to Free and Compulsory Education Act. However, the Delhi government had previously stated that logistical challenges made it impractical to manage the procurement and distribution of uniforms. Consequently, on June 10, 2025, it introduced a policy to provide a financial amount to students for uniform purchases instead.

In its ruling on October 12, the bench noted that the arguments presented in the review petition essentially sought to revisit the entire case. The court clarified that it would not interfere with a policy decision unless it was deemed arbitrary or unreasonable. The judges stated, “The decision of the government that it shall provide cash to the students instead of providing uniforms because of the difficulties faced by the government cannot be said to be completely arbitrary, whimsical or capricious.”

The court further highlighted that all relevant documents, including the new policy and the note for the Council of Ministers, had been thoroughly examined before reaching its conclusion. It reiterated that the policy introduced on June 10, 2025, aligns with the legal framework established by the statute.

Previous Court Ruling on Direct Benefit Transfer

On January 23, the High Court had previously endorsed the government’s decision to facilitate direct cash transfers to eligible students in private schools for uniform purchases. The court acknowledged that the authorities would encounter significant difficulties in managing individual uniform orders for each student. It determined that the implementation of a uniform subsidy through Direct Benefit Transfer would not contravene the Right to Education Act or its associated regulations, thus ensuring timely access to uniforms for students.

The court elaborated on the complexities involved in the traditional method of uniform distribution, stating, “Undoubtedly, it would be impossible to carry out the exercise of taking measurements of every student, placing orders for different kinds of uniform cloth on the GeM portal, after procurement of the material getting the uniforms stitched as per the measurements and finally distributing the uniforms in schools before the commencement of a new session.”

Consequently, the High Court has reaffirmed its earlier decision, confirming that the cash-transfer policy implemented by the Delhi government for uniforms is lawful and does not require judicial intervention. This ruling is expected to facilitate the provision of uniforms to students in a more efficient manner, addressing the challenges faced by the government in the procurement and distribution process.

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