Cash Over Clothes: Delhi HC Backs Govt Policy for EWS Uniforms
The Delhi High Court dismissed a plea against the government's policy of providing cash instead of physical uniforms to EWS students.
The Delhi High Court has ruled that the government's decision to provide cash instead of school uniforms to students from economically weaker sections (EWS) and disadvantaged groups is not "arbitrary, whimsical, or capricious." By dismissing a review petition, the court has reaffirmed its support for the policy, stating that judicial interference in government policy is only warranted when a decision shocks the conscience of the court.
The Court's Stance on Policy Decisions
A bench comprising Justices Subramonium Prasad and Renu Bhatnagar observed that the courts generally do not interfere with policy decisions. The bench noted that the review petition filed by the organization 'Justice for All' appeared to be an attempt to re-argue the entire case, which exceeds the limited scope of review jurisdiction.
The court clarified that a review can only be entertained under specific conditions, such as:
- The discovery of new and critical evidence that was unavailable earlier despite due diligence.
- An error that is apparent on the face of the record.
Why Cash Instead of Uniforms?
The dispute centers on a policy formulated by the Delhi government on June 10, 2025. Under this policy, the government opted to provide financial assistance to eligible students to purchase their own uniforms rather than supplying them directly. The government provided several practical reasons for this shift:
- Administrative Burden: Procuring and distributing uniforms was described as a cumbersome exercise that placed excessive pressure on schools and the education department.
- Procurement Delays: The tendering process via the Government e-Marketplace (GeM) typically takes about six months, leading to delays.
- Lack of Uniformity: Different schools have varying designs, colors, and specifications for their uniforms, making bulk procurement inefficient.
The Legal Battle and the RTE Act
The organization 'Justice for All' had challenged the decision, arguing that providing cash was contrary to the mandate of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The original petition sought the strict enforcement of statutory provisions that require free textbooks, uniforms, and other study materials for EWS and disadvantaged students in both aided and unaided private schools.
The petitioner also raised a procedural objection, claiming they were not allowed to file a reply. However, the bench rejected this, stating that adequate time had been provided and the petitioner's counsel had argued the matter in full without requesting additional time for a reply.
Final Verdict
The High Court had previously modified its April 13, 2023, order in January this year, directing the government to ensure students receive an adequate amount of money for uniforms. With the dismissal of this latest review petition, the court has solidified the government's approach to financial assistance over physical distribution.