NewKerala.com

Delhi HC Upholds Cash Transfers for School Uniforms, Backs Govt Policy Choice

The Delhi High Court has upheld the Delhi government's policy to provide school uniform assistance through Direct Benefit Transfer (DBT), emphasizing judicial restraint in matters of government policy. The court ruled that neither the Right to Education Act nor its rules mandate that uniforms must be supplied strictly in physical form, leaving the mode of delivery to the executive. It accepted the government's argument that physical distribution posed significant logistical challenges, making DBT a more practical and timely alternative. The judgment modifies a previous 2023 order and reinforces that courts should not interfere with policy decisions unless they are unconstitutional or mala fide.

Key Points: Delhi HC Upholds DBT for School Uniforms, Cites Judicial Restraint

  • Upholds DBT for uniforms
  • Courts can't dictate policy mode
  • RTE Act doesn't prescribe delivery
  • Rejects 'in-kind' only argument
  • Defers to executive on feasibility
2 min read

Delhi HC says courts cannot dictate mode of welfare delivery, upholds DBT for school uniforms

Delhi High Court rules courts cannot dictate welfare delivery mode, upholds Direct Benefit Transfer for school uniforms under RTE Act.

"The insistence that actual physical uniforms be provided cannot be accepted. - Delhi High Court"

New Delhi, January 23

Emphasising judicial restraint in matters of government policy, the Delhi High Court has upheld the Delhi government's decision to provide school uniform assistance through Direct Benefit Transfer, ruling that courts cannot insist on a particular mode of welfare delivery when the law itself does not prescribe one.

A Division Bench headed by Chief Justice Devendra Kumar Upadhyaya held that neither the Right of Children to Free and Compulsory Education Act, 2009, nor the Delhi RTE Rules, 2011, require uniforms to be supplied strictly in kind.

The court observed that as long as the statutory obligation to provide uniforms is fulfilled, the executive is entitled to choose the mechanism best suited to practical realities.

The judgment came on a review petition filed by the Government of NCT of Delhi seeking modification of an April 13, 2023, order, which had kept open the issue of whether cash transfers in lieu of uniforms were permissible under the RTE framework.

The government relied on a policy decision dated June 10, 2025, approved by the Cabinet, citing significant logistical challenges in procuring, stitching and distributing uniforms across thousands of schools with differing designs and colour combinations.

Accepting these submissions, the court found that implementing uniform distribution in kind would involve an "impossible" exercise of taking individual measurements, navigating lengthy procurement processes and ensuring timely delivery before the academic session. In contrast, the court said, direct transfer of funds would ensure students receive uniforms without delay.

Rejecting the petitioner's insistence on physical supply of uniforms, the bench held that the RTE Rules mandate the provision of uniforms but are silent on the mode of delivery. "The insistence that actual physical uniforms be provided cannot be accepted," the court said, adding that the government's decision could not be characterised as arbitrary, irrational or contrary to law.

The court also relied on settled Supreme Court jurisprudence to reiterate that policy decisions should not be interfered with unless they are shown to be mala fide, unconstitutional or violative of statutory provisions. It underlined that courts cannot act as appellate authorities over executive policy or substitute their own views on administrative feasibility.

Finding no infirmity in the decision-making process, the High Court modified its 2023 order to the extent it applied to uniforms and directed the Delhi government to ensure the timely disbursal of adequate amounts in accordance with the DBT policy. With these directions, the review petition was disposed of on January 23, 2026.

- ANI

Share this article:

Reader Comments

R
Rohit P
Good move. The logistical nightmare of stitching and distributing lakhs of uniforms is real. This will cut down on so much corruption and middlemen. Money directly in the parent's account is more transparent. Hope other states learn from this.
S
Sarah B
While I understand the efficiency argument, I have a concern. Will the DBT amount be enough to buy a good quality uniform in the market? There's a risk of inflation eating into the benefit. The government must ensure the amount is revised regularly.
A
Aman W
Judiciary showing restraint is important. Courts shouldn't micromanage. The principle is correct - provide the benefit, let the executive decide the best method. This sets a good precedent for other welfare schemes too.
K
Kavya N
Mixed feelings. For responsible parents, DBT is great. But what about families where the money might be misused for other things? The child's right to a uniform should be guaranteed in kind. The old system had problems, but the intent was more secure.
V
Vikram M
Finally, a sensible decision! The "in-kind" argument was impractical. Every school has a different colour and design. Imagine the chaos of central procurement. DBT empowers parents and supports local tailors and shops. Win-win. 🙏

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

Leave a Comment

Minimum 50 characters 0/50