In a significant ruling affecting thousands of students in Delhi’s government and aided schools, the Delhi High Court has upheld the government’s decision to provide school uniform assistance through Direct Benefit Transfer (DBT) instead of supplying uniforms in kind. The court ruled that the policy does not violate the Right to Education (RTE) Act and is backed by practical considerations.
The decision came while disposing of a review petition filed by the Delhi Government seeking modification of earlier court directions.
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Background of the Case
The case originated from a long-pending public interest litigation seeking strict enforcement of the Right of Children to Free and Compulsory Education Act, 2009, particularly for students belonging to Economically Weaker Sections (EWS) and Disadvantaged Groups (DG).
Earlier, the High Court had directed the government to ensure that children admitted under the RTE quota receive free textbooks, uniforms and learning materials, preferably in kind. However, over time, the Delhi Government shifted to a cash-based system, transferring money directly to students’ accounts.
This move led to objections, with petitioners arguing that cash transfers defeat the purpose of the RTE Act and allow misuse of funds meant for uniforms.
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Why the Government Sought Review
The Delhi Government filed a review petition after introducing a new policy in June 2025 allowing uniform assistance through DBT instead of physical supply.
Before the court, the government explained that supplying uniforms in kind had become unworkable due to:
- Different uniform designs across schools
- Difficulty in collecting measurements of lakhs of students
- Time-consuming tender process through GeM portal
- Delays in stitching and delivery
- Risk of litigation and logistical failures
The government argued that cash transfer ensures timely availability of uniforms, especially before the academic session begins.
What the Court Observed
The Division Bench, led by Chief Justice Devendra Kumar Upadhyaya, acknowledged the practical difficulties faced by the authorities.
“The Court finds that the exercise of procuring uniforms in kind for every student, with varying sizes and designs, is logistically complex and time-consuming,” the bench observed.
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The court made it clear that:
- The RTE Act mandates providing uniforms, but
- It does not mandate that uniforms must be given only in physical form
The judges noted that the government had increased the uniform subsidy to ₹1250–₹1700 per student, which was a reasonable amount to meet the purpose of the law.
Court on Policy Decisions
Relying on several Supreme Court judgments, the High Court reiterated that courts should not interfere with government policy unless it is arbitrary, illegal, or unconstitutional.
“The wisdom of a policy is not for courts to examine unless it violates statutory provisions,” the bench said while citing earlier Supreme Court rulings on judicial restraint in policy matters.
The court also recorded that the government’s decision was based on cabinet approval, financial assessment, and administrative feasibility.
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Final Decision of the Court
After examining the records and government policy, the High Court ruled:
- The policy allowing DBT for school uniforms is valid
- The earlier order insisting on uniforms in kind stands modified
- The government must ensure timely payment of uniform assistance
- No illegality or arbitrariness was found in the policy
With these findings, the review petition was disposed of, and the government was allowed to continue implementing the DBT-based uniform scheme.
Case Title: Justice For All vs Govt. of NCT of Delhi
Case Number: Review Petition 475/2025 in W.P.(C) 3684/2013
Decision Date: 23 January 2026
