The Delhi High Court has observed that the Delhi government’s upper age limit for admission to entry-level classes is discriminatory. It has also made objections to a different “online” admission process for the 25% economically weaker section (EWS) students in private schools.

The order by Justice Ravindra Bhat and Justice A K Chawla states: “This form of discrimination, dictated by the limited choices and perpetrated through technology, cannot stand in the way of such children’s rights under Article 21A of the Constitution of India.”

It was in 2016 that the Delhi government decided to take the admission process for entry-level classes (nursery/KG) for EWS/disadvantaged category online. The 25% reservation in private schools is a rule mandated under the Right to Education Act 2009.

Earlier, admissions to this category were held offline, and parents could collect forms from schools in the neighbourhood. The observation from the court on Tuesday comes after a petition by Justice for All, which challenged the online admission process and stated that the website/portal devised by the government of NCT had limitations. Issues are related to the upper age limit for admission, names of colonies, area code for determining the neighbourhood, and the requirement of a PIN to log in.

After accessing the online portal during the hearing, the court said, “The petitioners’ concerns seem justified. The options with respect to date of birth, as well as the number of applications which may be presented in respect of a child, and lack of clarity with respect to the correct particulars of localities/colonies impede applicants of children’s access to admission to schools in the 25% quota set apart under the RTE Act.”

The court directed the government to make appropriate changes and give the “widest choice” to applicants. Application process for this academic year, though, has been completed and the draw of lots will be held on March 7.

“The prevailing option of screening out children who are born earlier (for instance, a child born before 2010 is excluded from applying for nursery admission) or placing limitations on the number of applications… would amount to per se discrimination,” the order added.

The admission in this category is held on the basis of the distance of the child’s home from the school, those living within the first three km being given the seats first. The Indian Express had reported in February how a JJ Colony in Bawana had not found a mention in the online form.