Delhi HC pulls up Delhi govt over nursery admission policy
HC said Delhi govt's policy restricting private schools built on public land to admit nursery students using distance/neighbourhood as a criteria was contrary to the fundamental principles of law
New Delhi: The Delhi high court on Thursday pulled up the Delhi government over their notification restricting private schools built on public land to admit nursery students using distance/neighbourhood as a criteria.
Justice Manmohan who was hearing the matter made it clear that such a step by the Delhi government was contrary to the fundamental principles of law.
“You cannot prescribe such a criteria as it is ‘contrary to the constitutional mandate’ of India. This point has been settled through various judgments of the Supreme Court and according to me this is wrong," Manmohan said.
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He also criticised the Delhi government for issuing the notification at the last moment causing chaos in the admission process. The last date to submit applications for nursery admissions is 23 January.
Under a 7 January notification by the Delhi government, it sought to allot seats for nursery admissions in private unaided schools built on public land based on the location of the school.
It gave priority to those living within a radius of 1 kilometre from the school. In case seats remained vacant, those living within a 3 kilometre radius would be given a chance.
Sanjay Jain, additional solicitor general appearing for Directorate of Education (DoE), clarified that the Delhi government did not wish to interfere or take away the minority character of such schools and was not putting a condition on benefits to be given to minorities for the admission process.
“We are not looking to abrogate the power of schools in granting admissions to minorities and the neighbourhood criteria would only be applicable to the remaining seats." Jain told the court.
The notification was challenged by the Action Committee for Unaided Recognised Private Schools – comprising more than 450 private unaided recognised schools in Delhi and the Forum for Promotion of Quality Education restricting private schools built on public land to admit students using neighbourhood or distance as a criteria.
Two private schools- Mount Carmel and Somerville also challenged the notification claiming that it was against their right to administer and carry out the admission process.
Last year, the Delhi high court had stayed a Delhi government notification that sought to impose four years as an upper age limit for nursery admissions in private unaided schools in the national capital region.
The case will continue to be heard on Friday.
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