New Delhi: In a major relief for Delhi govt, the high court on Friday upheld its decision to provide cash directly to private school students under the Economically Weaker Section (EWS) and Disadvantaged Group category instead of supplying uniforms in kind. The court agreed that authorities face “genuine” difficulties in processing individual orders for every student and modified its earlier direction requiring the govt to supply uniforms directly. It ruled that the move to give a subsidy through Direct Benefit Transfer (DBT) is not contrary to the mandate of the Right to Education (RTE) Act and would ensure timely availability of uniforms.
A bench of Chief Justice DK Upadhyaya and Justice Subramonium Prasad directed the govt to ensure that an adequate amount is transferred “well within time and at the earliest” so students can purchase uniforms before the new session begins. “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, getting the uniforms stitched as per measurements, and finally distributing them before the commencement of a new session,” the court observed, allowing the plea. The HC agreed with standing counsel Sameer Vashisht that the govt’s decision does not violate the RTE Act or the 2011 Rules. While the rules mandate providing uniforms, they do not specify that they must be supplied in kind. Delhi govt had sought modification of an April 13, 2023, order passed on a petition by NGO ‘Justice For All’, which sought free books, uniforms and study materials for EWS students in aided and unaided private schools. In its review plea, the govt cited cabinet discussions highlighting operational constraints in procurement and distribution. It said a new policy was framed in June 2025 to pay between Rs 1,250 and Rs 1,700 per student for uniforms. In its verdict, the HC said there was no infirmity in the decision-making process and no indication of mala fide intent. “This court does not find fault with the policy dated June 10, 2025. Resultantly, the April 13, 2023, order is modified to the extent applicable to uniforms. GNCTD is directed to ensure that adequate amounts are provided in accordance with the policy well within time,” the bench said.
