A bench of justices Badar Durrez Ahmed and Siddharth Mridul asked senior standing counsel for Delhi government, Rahul Mehra, to take instructions on whether it can provide books and uniforms to EWS students and inform it accordingly.
The court said the government needs to "take a re-look" into the aspect as EWS kids in private unaided schools should have the same standard of uniform and books as other students in such institutions, adding that otherwise it would create a "class divide" among children.
Though the court has reserved its verdict in the matter, it took it up to ascertain the government's view.
The PIL has been filed by NGO Social Jurist which has sought directions to the private unaided schools to grant free books and uniform to children belonging to the EWS category.
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The schools have, however, claimed they do not provide books and uniform to any student as the same would fall under commercial activity, which they cannot carry out.
They have also challenged section 12(2) of the Right to Education (RTE) Act, 2009, which lays down how reimbursement is to be provided to schools which admit EWS children.
The schools had argued that reimbursement should be provided on the basis of actual expenditure on uniforms, text books and writing material incurred by a fee-paying student in a private unaided school and not as per the amount spent by the government on a child in their schools and sought quashing of the provision.