Commercialisation of Education: Delhi High Court Issues Notice to CBSE in PIL Challenging Exclusion of EWS Students

New Delhi- The Delhi High Court has taken cognizance of a significant Public Interest Litigation (PIL) that alleges systemic exclusion of Economically Weaker Section (EWS) students by private schools through the forced purchase of expensive books and materials. In a crucial development, the bench led by the Chief Justice issued formal notices to the Central Board of Secondary Education (CBSE), the Delhi Government, and other concerned authorities, seeking their responses.

The petition, filed by Jasmit Singh Sahni, Director of Doon School, through Advocate Satyam Singh, argues that the current practices undermine the very objective of the Right to Education (RTE) Act.

The litigation centres on three primary violations:

1. Circumvention of RTE Act Mandate: The petition contends that while EWS students are formally admitted under the 25% quota mandated by Section 12(1)(c) of the RTE Act, they are effectively excluded afterwards. Schools force parents to purchase private publisher books costing ₹10,000-₹12,000 annually, creating an insurmountable financial barrier against the meagre ₹5,000 annual reimbursement provided by the government.

2. Defiance of CBSE Directives: Despite clear circulars issued by the CBSE between 2016-2017 advocating for the exclusive use of NCERT textbooks (which cost approximately ₹700 per year), affiliated private schools continue to prescribe costly alternatives from private publishers. This flouts the CBSE's Affiliation Bye-laws that prohibit the commercialisation of education.

3. Health Hazards for Students: The imposition of excessive books and materials leads to school bags weighing 6-8 kg, a direct violation of the School Bag Policy 2020. This poses a serious risk of musculoskeletal damage and psychological stress to young children.

The petitioner's investigations through RTI requests revealed a regulatory vacuum, with neither NCERT nor CBSE having a robust mechanism or penalty structure to enforce compliance with textbook directives.

As a solution, the PIL proposes a "Fixed Rate - Fixed Weight System" for private books, if they are necessary due to NCERT shortages,based on objective criteria like page count and paper quality, alongside strict adherence to bag weight limits.

The PIL seeks judicial intervention to mandate the use of NCERT books, regulate pricing, implement the school bag policy stringently, and initiate action against non-compliant schools.

With the new academic session underway, the Court has marked the matter as urgent. The case, numbered W.P.(C) 13009/2025, will now await responses from the notified parties, including the CBSE, before the next hearing slated for 12 November.