Nursery Admissions in Delhi NCR 2026-27

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TOI~REALITY CHECK| 'Keeping nursery out of RTE will deprive kids’ |A member of the National Advisory Council, RTE, and Central Advisory Board for Education, Vinod Raina, | Ashok Agarwal | Sumit Vohra

REALITY CHECK

‘Keeping nursery out of RTE will deprive kids’

Manash Pratim Gohain TNN

New Delhi: Experts feel that keeping nursery admissions out of the ambit of RTE will in effect mean depriving children below the age of 6 from any protection under the Act.
    A member of the National Advisory Council, RTE, and Central Advisory Board for Education, Vinod Raina, had in his affidavit to the Chief Justice of Delhi high court on February 17, 2013, questioned the ministry of human resource development’s affidavit stating that “the affidavit of the government that the Act does not cover the 0-6 agegroup….implies that the government has decided not to act on the choice provided to it in Section 11 of the Act for the 0-6 age-group”.
    After the verdict was delivered on Tuesday, advocate Ashok Agarwal of Social Jurist told TOI: “It will now adversely affect hundreds of children due to the discriminatory point system. What’s worse is that since the nursery admissions have been kept out of the RTE ambit, so the protection against like corporal punishment will also not apply. We are going to again move the court for including nursery admissions in the RTE Act. We are also going to approach the lieutenant-governor of Delhi against the 2007 notification which gives unguided powers to the private schools.”
    It’s being pointed out that another anomaly that the verdict has created is that while primary school (starting from Class I) and children from 6 to 14 years comes under RTE, in Delhi the minimum age for Class I admission is five years.
    On the positive side, Agarwal said that since admissions will take place as per the 2007 notification, the management quote will be restricted to 20% only. “There were schools which had as much as 25% to 30% management quota. That won’t happen now,” he said.
    “Parents are disappointed,” said Sumit Vohra of admissionsnursery.com. “After reading Raina’s affidavit, the parents are feeling cheated even more. We were looking for a permanent solution and fighting for this cause for the past five years. We want a totally not-discriminatory point system which didn’t happen. Even the government is contradicting itself on the distance criteria.”

DAINIK JAGRAN FEB 20-AFTER MANY COMPLAINTS TO DOE DIRECTOR. NO ACTION WAS TAKEN AGAINST EVEN A SINGLE SCHOOOL( ALL THE DOCUMENTARY EVIDENCE WAS PROVIDED)

No change in nursery admissions

HC Lets Schools Frame Own Criteria; RTE Will Apply To EWS Quota Only

Abhinav Garg TNN

New Delhi: Spelling relief for parents and private unaided schools in the capital, the Delhi high court on Tuesday refused to tinker with the ongoing nursery admissions.
    In a judgment authored by Chief Justice D Murugesan, the bench held that the Right to Education Act and subsequent government notifications (issued under RTE Act by the Centre and Delhi government in 2010) are not applicable to nursery admissions in unaided private schools.
    This means schools will have considerable freedom to frame their own admission criteria. However, the bench, also comprising Justice V K Jain, made it clear that provisions of the RTE Act will be applicable to 25% seats in nursery admissions that are reserved for children from the economically weaker sections. It also pitched for amendments in the RTE Act so that nursery is also covered by it.
    “Considering the provisions contained in Article 21-A (Right to Education) of the Constitution and the scheme of the RTE Act there is no escape from the conclusion that as far as the private unaided schools are concerned the provisions of the Act, except the admission to the extent of 25% of the strength of the class, to the children belonging to the weaker sections and disadvantaged group, do not apply to admissions made to the pre-elementary (preschool and pre-primary) classes of such schools,” the bench clarified, accepting the stand of the Centre. The Delhi government through its counsel Anjum Javed had supported the Centre.
    Disposing PILs filed by the NGO Social Jurist and Delhi Commission for Protection of Child Rights, the court refused to quash notifications of Union Human Resources Development Ministry and Directorate of Education, saying since they spring from RTE, they do not apply to nursery admissions. The court allowed the plea of the Centre that the RTE Act is applicable to children aged 6 to 14 only and the states are free to formulate policies to govern nursery admissions.
    Even as it refused to examine the guidelines issued by the Centre and the DoE, the HC asked Social Jurist lawyers Ashok Agarwal and Khagesh Jha to approach the LG if they feel schools are misusing their freedom to frame criteria for siblings, transfer cases, single parents, alumni etc. It rejected NGO’s argument that an “anomalous situation” will emerge by liberty given to schools as kids would be subjected to screening procedures.
    “The petitioner may, if so advised, represent to the Lieutenant Governor, Delhi, to make such amendments to the order, which, in their opinion, are required to be made, to rule out any possible misuse of the liberty given to the private unaided school, in the said order, in the matter of laying down the criterion for admission to pre-primary and prenursery classes,” court said. The NGO, in its PIL, had challenged the notifications issued by the HRD Ministry and the Delhi government.
    On November 23, 2010, the ministry had issued guidelines under the RTE Act that had allowed the schools to frame their own admission criteria, the NGO had argued. Later, the DoE of Delhi government had also issued similar guidelines, it said.
NOT AN IDEAL SYSTEM
Nursery admission 2013 to continue smoothly, HC declines to interfere
Says RTE Act not applicable to nursery admissions except for filling 25% EWS seats
HC not happy with current setup, wants Centre to amend the law to make admission norms uniform from nursery to 14 years
    Says educational institutions can’t be allowed to become ‘teaching shops’
    As the 2010 Delhi govt guidelines and Centre’s norms for nursery are based on RTE Act, they are not applicable to 75% seats in private unaided schools, says HC
    2007 nursery norms to continue

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First Post

New Delhi: Parents of nursery school students in Delhi and education professionals said that the Delhi High Court judgement will only benefit private schools who have been practicing these discriminatory processes.

“I am very surprised and disappointed about the judgement. The Centre’s stand of not allowing children below 6 years in pre-school to avail the RTE is absolutely discriminatory. Why should they not fall under the ambit of the RTE? Education is meant to be for all who go to school and that’s what the Right to Education is. On one hand they are saying do not discriminate, but on the other, they themselves are discriminating among the kids by age and furthering the interests of private schools,” said K. Suresh Kumar, a South Delhi resident, and a father of a three-year-old.

The Delhi High Court today upheld that the RTE Act does not impose or apply to nursery or pre-school, with the exception of the provision to reserve 25 percent seats for the economically weaker sections (EWS).

It however observed that it was the “right time for the government” to amend the RTE Act and suggested that the government amend it, so that it becomes applicable to children below six years of age.

K. Suresh Kumar, who has a three-and-half-years-old son, told Firstpost that because of skewed and unfair policies like this, many children like his son will be the sufferers.

Kumar applied to 25 schools for admission for his son and said that only responded positively. Finally, it was just one school which offered admission to his son.

“I have been living in Delhi for 20 years now and applied for in 25 schools for my son who will begin school this year. In 2-3 schools my kid’s name came up for a draw but he wasn’t selected. Only 3-4 schools of the 25 showed any positive response,” he said.

“How can you have a different set of rules for different children. If EWS children are covered under RTE then how can the constitution of India have different rules for the general category. It’s a mockery of the system. The main sufferers in this are the children who belong to the ‘Economically Middle Section’ where the non alumni/sibling parents do not have money and/or contacts to purchase management quota seats,” said Sumit Vohra, founder and administrator of www.admissionsnursery.com.

The High Court decision — which was a setback of sorts for parents hoping for a more unbiased system of admittance into nursery school — was in response to a petition by NGO Social Jurist, which challenged the notifications issued by the Centre and the Delhi Government in 2010 that gave private unaided schools autonomy to formulate an admission policy based on a category-based system.

But, Ashok Agarwal, adviser at the Social Jurist, told Firstpost that they will not lose hope and will appeal against the judgement in the Supreme Court.

“We have decided to take dual action. One, we will go to the Supreme Court saying that RTE act covers 0-14 yrs and not 6-14 yrs. So HC cannot uphold the Centre’s stand. Two, we will also file a challenge against the High Court’s judgement next week,” Agarwal said.

However, Agarwal said that there was also a positive message in the judgement — that the HC too is of the opinion that the regulation dealing with the pre primary crisis needs to be addressed and that pre-primary education needs to be brought to par with the RTE Act.

“Though we have held that Right to Education Act is not applicable to nursery schools, in our opinion there cannot be any difference yardstick to be adopted for education to children up to the age of 14 years irrespective of the fact that it applies to only elementary education. It is the right time for the Government to consider the applicability of Right to Education Act to the nursery classes as well, as in many of the States admissions are made right from the nursery classes and the children so admitted are automatically allowed to continue from Class-I. In that sense, the provisions of Section 13 would be rendered meaningless insofar as it prohibits screening procedure at the time of selection. Importance of education is per se applicable to every child right from admission to nursery classes till it completes the eighth standard,” the Delhi High Court judgement states.

Another parent, Vinit Seth, told Firstpost that the Delhi High Court judgement for this year was a correct one.

“It is something which is correct and is what should have happened. For one, all rules and regulations have problems and the government should have thought about it earlier. If the government now makes any change it will be chaotic for every child joining nursery this year,” said Seth, who has a 3.5 year old son who will start nursery this year. “For the future they should make some rules and amendments if required,” he said.

Nursery admissions: Schools cannot be ‘teaching shops’, says HC

by Pallavi Polanki

Ads by Google

New Delhi: While the Delhi High Court in its much anticipated judgment has allowed category-based admissions to nursery to continue, it has observed that the collection of capitation fee by private unaided schools is not permissible.

Accepting the Centre’s stand that nursery is not covered by the Right to Education (RTE) Act, the High Court has held, “there is no escape from the conclusion that as far as the private unaided schools…are concerned, the provisions of the Act, except the admission to the extent of 25 per cent of the strength of the class, to the children belonging to the weaker sections and disadvantaged group, do not apply to the admissions made to the pre-elementary (preschool and pre-primary) classes of such schools.”

Thus private unaided schools will continue to have the autonomy to admit children based on categories such as alumni and sibling in nursery.

However, the court in its judgment has observed that, “During the course of arguments, we were informed that charging capitation fee is prohibited not only in Right to Education Act, 2009, but also in Delhi School Education Act and the rules framed thereunder. Therefore, it cannot be said that if the RTE Act does not apply to the 75 per cent of the admissions made by private unaided schools to pre-elementary classes, they can charge capitation fee for such admissions.”

AFP

Making a second reference to the commercialization of education, the High Court observed that “It is common knowledge that though the there is obligation on the State to provide free and compulsory education to children and the corresponding responsibility of the institution to afford the same, educational institution cannot be allowed to run as ‘Teaching Shops’ as the same would be detrimental to equal opportunity to children. This reality must not be ignored by the State while considering the observations made in this judgment”

In conclusion, the court observed, “Though we have held that Right to Education Act is not applicable to nursery schools, in our opinion there cannot be any difference in yardstick to be adopted for education to children up to the age of 14 years irrespective of the fact that it applies to only elementary education. It is the right time for the Government to consider the applicability of Right to Education Act to the nursery classes as well, as in many of the States admissions are made right from the nursery classes and the children so admitted are automatically allowed to continue from Class-I.”

The High Court passed its judgment on a petition by NGO Social Jurist which had challenged the notifications by the Centre and the Delhi Government issued in 2010 that allowed private unaided schools to formulate their own criteria for nursery admissions. The petition had argued that the resulting admission process adopted by private unaided schools – the category-based admission – amounts to discrimination between children and is a violation of the RTE Act.

Reacting to the judgment, Ashok Agarwal, representing NGO Social Jurist said, “I have no doubt that all children from 0-14 are covered under the Right to Education Act. This part of the judgment I don’t agree with. We will move to the Supreme Court. Perhaps, by first week of March.”

The association of private unaided schools had strongly argued against the petition in court. R C Jain, president of the Delhi State Public Schools’ Management Association, welcoming the judgment said, “The judgment has finally ended the uncertainty among parents. More than schools, this is a relief for parents. Four lakh applications are competing for nursery seats. And those who don’t get admissions are bound to be upset. And they tend to blame the schools.”

In a frank admission of the practice of management quotas by the schools, Jain said, “Doesn’t the owner of the school, who has invested money in the school, have the right to give a seat to child of his choice? Doesn’t the government give its employees special benefits? If I don’t oblige the child whose father is in the electricity department, my power supply is shut down. If I don’t oblige a police officer’s son, my school bus gets impounded. I get calls from politicians, how am I to deny them? There is a segment of society that is linked to the school. The schools oblige them. It is not a question of selling.”

Navbharat Times- Parents should wait for second list on 28 feb as we got more queries from parents ,which school to choose as compared to last year-Mr Sumit Vohra

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Replies to This Discussion

Permalink Reply by Maharam Tanwar on February 20, 2013 at 9:08am

The verdict is a welcome note. 6-14 years age group is not covered in the verdict. But this must be changed to the school specific entry class. Otherwise children admitted at 3+/4+5+ will not allow 6-14 years age group to enjoy the benefit of RTE in full view.

Change in the RTE ambit is of course needed. Govt. should look into the matter immediately and not wait for next year's admission process or wait for someone to file PIL again at the later stage.

Therefore, it is high time for the social jurists and the government too to revise the point system and the ambit of RTE covering every school irrespective of their status being a minority or else.

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Permalink Reply by vaibhav kapoor on February 20, 2013 at 10:05am

Who is the beneficiary of the High Court decision?

a. Federation of schools

b. Children

c. Government

Further as per the decision, it seems a directive has been issued by court that, admission must take place again at the age 6+ in all aided and unaided schools. If this is not done then the interpretation of High Court decision must be challenged as per RTE act.

The parents/ grand parents of the children admitted under EWS category, must be directed to submit copy of their Income tax return every year along with affidavit that they are still under EWS category.

In case a family is in or out of EWS at any stage later during the child's education, whether the child will be scrutinized and re-admitted under new status. What is the stand of RTE in such a situation? court has also not given any clarification

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Permalink Reply by Maharam Tanwar on February 20, 2013 at 10:23am

Mr. Vaibhav, EWS parents will not submit IT return because they will ask the meaning of IT return. "We don't know what it is!" Sorry, we are non-matric and doing labour/daily wages. They will not give you PAN no. even.

However, we can ask copy of PAN no. from bank in which child has been asked to open the account or Income Tax Deptt. should be asked to enquire all such details.

There should be clear policy in case income limit exceeds the existing Rs. 1 lac/year, then what is to be done for those students studying under EWS category. Whether they should be brought in general category and be charged fee as per general category or otherwise.

Schools are not at fault because they are compelled to admit only on the basis of documents submitted and not allowed to carryout physical verification and take dire decisions.

Now please elaborate your views on my quote.

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Permalink Reply by 2361978 on February 21, 2013 at 6:29pm

when I was filling form for my child, I have seen lots of people in line submitting EWS form, their attitude, wearing talking nature doesn't show that they are not less educated to understand the meaning of PAN Card. Can you believe that whose family income is less that 1 lac /year can afford a bike. Yes you are true that actual EWS category people are really don't have any knowledge for filling ITR. But as what I have servayed in 2011, they are not willing to admit their kids in public school, as they are in fear of change of mindset of their kids, so they willing them to be in MCD schools where they will get option of day meal too. And for your information, as servayed by some newspaper in 2010 EWS seats emptied were near 31000 and in 2011 the seats were 29000 (a cutting I have already posted in my previous post). Dramatically in 2012 this figure reduced to 7500, I by that I believe that this year it should be 3000 (as there will be 5% schools who actually go for real admission) only. How could a mind set change in a year. Even you go to slum area of Delhi, meet people and talk to them they still like their kids in MCD schools.

I have already share lots of data last year regarding this, but at end we are in India and more prescribly in Delhi. Nothing will going to happen.

You can't get what Vaibhav has said, he need a system to check the validity of EWS category. The EWS certificate can be procured by some unofficial system. So there should be another check over that. And if govt. wants then it took only a year for them to provide a PAN card to every person under EWS category in Delhi as they are accessible to provide EWS certificate, direct cash system and Adhar to them. But only if they like.

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Permalink Reply by MADHULIKA on February 20, 2013 at 2:33pm

But Sir, most of the schools are not confirming about 2 list. and their websites are also updated as 2 list (IF ANY)..? except SummerField.

My ward is securing 75 points in Summerfield.....is there any chance to get the admission in IInd list...?

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Permalink Reply by k suresh kumar on February 20, 2013 at 3:00pm

Dear Sakshiji and fellow parents!

I came to this forum to learn admission procedures! Every piece of information available in this forum contributed by all of you are valuable and informative.

Now I am forced to complain about the spamming of certain news in this forum which indirectly tells parents to buy management seats even though it doesn't say so directly. For eg., you can find surrogate ads running for cigarettes and liquors but at the end of it, you could find a frame of a water bottle.

I have even seen others complaining about the same issue.

I AM AGAINST OF BUYING A SEAT PAYING MONEY FOR IT. Hence this message disturbs me.

Please tell me, don't you have a set of rules to follow for the members of this forum set by you?
In case if you have, what is it and when will you implement it?

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Permalink Reply by k suresh kumar on February 20, 2013 at 4:26pm

DONT BOTHER, DONT INTERVENE, MY MESSAGE IS NOT ADDRESSED TO YOU.

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Permalink Reply by shefali on February 20, 2013 at 3:58pm

IS THERE ANY PLAN TO APPEAL IN HO. SUPREME COURT?

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Permalink Reply by k suresh kumar on February 20, 2013 at 4:20pm

Yes Shefali.. The SC appeal in a weeks time as per Adv Ashok Agarwal.

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Permalink Reply by k suresh kumar on February 20, 2013 at 4:36pm

This is what he has to say:

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Permalink Reply by Shivendra Pratap Singh on February 20, 2013 at 4:35pm

Dear Mr. Jain,

You are absolutely right that one who has invested money should also get return out of this. At least you have admitted that School are opened by these people to earn money not for social cause as they often claim. Even if Schools are doing business are they not earnign from fees, development charges and so on.. and what about the land which is basically of Govt.(who is servant of citizens of India) not of Schools, which has been provided to School for almost free by the Govt. who levies taxes to us. Nexus between School and Govt. is exposed from your statement.

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Permalink Reply by email on February 20, 2013 at 5:18pm

As per RTE there can be no screening for admission if child is 6+ (suppose class Ist) then it is logical that a child can not be promoted from KG to 1st, as he/she has already been screened at entry level.

1) Hence for admission to class 1st should be conducted afresh for children which were admitted in nursery/KG after screening. Here new/outside children can also apply without any restriction.

2) RTE should be amended so as to apply to admission at entry level whatever age the child may be.

There can not be any other option !

Let the Govt. choose out of these two possible options, what it wants to do.

Govt. can not keep on indulging in logomachy & choose convenient & often illogical options.

SLP in Hon'ble SC should be filed to scrap promotion from KG to 1st then see how / what Govt replies. To save parents from hardship of readmission Govt will amend RTE to entry level else admission will be done at 1st class only as per RTE.