Delhi HC rejects review plea against cash aid for EWS students’ school uniforms

The Delhi High Court has dismissed a challenge seeking uniforms instead of cash assistance for students from economically weaker sections (EWS) and disadvantaged groups in private schools, declining to reconsider its earlier approval of the payment policy.

A bench of Justices Subramonium Prasad and Renu Bhatnagar rejected a review petition filed by the NGO Justice For All against its January 23 judgment.

The NGO had argued that the Right of Children to Free and Compulsory Education Act required the Delhi government to provide uniforms, rather than money to buy them, to eligible students in aided and unaided private schools.

The government had said operational constraints made procuring and distributing uniforms unfeasible. Its cabinet therefore decided in June 2025 to pay students a suitable amount instead.

In its October 12 decision, the bench said the review petition sought to re-argue the entire case. Judicial interference with a policy decision was warranted only when it was so arbitrary, whimsical and capricious that it shocked the conscience of the courts, it said.

“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 said.

The bench said it had already considered all the material submitted by the Delhi government, including the June 10, 2025 policy and the note for the council of ministers, before concluding that the policy did not violate the statute.

In its January 23 judgment, the high court had upheld direct cash assistance for uniforms, observing that the authorities would face a “genuine” difficulty in processing individual orders for every student.

It had held that providing the uniform subsidy through Direct Benefit Transfer was consistent with the Right to Education Act and its rules and would ensure that students received uniforms in time.

“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,” the court had stated.