Nursery Admissions in Delhi NCR 2024-25
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BREAKING NEWS - DELHI GOVT CHANGES STANCE | Nursery Age To 3 plus As Per Affidavit – COURT HEARING TOMORROW ON 06.01.2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM NO. OF 2011
IN
WP (C) NO. 7802 OF 2011
Social Jurist, A Civil Rights Group …..Petitioner
Versus
Government of NCT of Delhi & Ors. ….Respondent
REPLY AFFIDAVIT OF BEHALF OF THE RESPONDENT NO.1 TO THE APPLICATION FILED BY THE PETITIONER
Affidavit of Mrs. Shashi Kaushal D/o Sh. M. K. Kaushal, aged 48 years, posted as Additional Director (Act Branch), Directorate of Education, Govt. of NCT of Delhi, OLD Secretariat, Delhi-54.
I, the above deponent do hereby solemnly state and affirm as under:-
1. That I am working as Additional Director (Act Branch), Directorate of Education, Govt. of NCT of Delhi, Old Secretariat, Delhi-54. I am conversant with the facts of the case in my official duty and am therefore competent to swear this affidavit.
2. That at the outset I state that all averments made in the application, save and except matters of record or expressly admitted herein, are denied.
3. The Answering Respondent also craves leave to refer and rely upon the counter affidavit filed by the Respondent No.1 to the writ petition. The same may be read as part of the present affidavit.
4. That it is submitted that the interpretation sought to be given by the petitioner to the order dated 16.12.2011 as passed by the Directorate of Education is wrong.
The order dated 16.12.2011 has been passed with regard to Delhi School Education (Free seats for students belonging to economically Weaker Section & Disadvantaged Group) and lays down the admission schedule and guidelines for conducting admission to Pre-School/Pre Primary/Class I classes (entry level) for academic session 2012-13.
The object of the order is given in the order dated 16.12.2011. The order specifically states that
“Every school shall ensure that within the above admission schedule, the application forms in the prescribed proforma are made available free of cost to all applicants under EWS and disadvantaged Group, without any barrier/hindrance.
All schools shall ensure that no child under Economically Weaker Section & Disadvantaged Group is denied admission on neighborhood/distance basis so long as the locality of the child’s residence falls within the distance criterion devised by the school for the General category children.
After the closure of admission process on 31.03.2012, each school shall send the details of the number of vacant seats under economically Weaker Section & Disadvantaged Group to the concerned District Dy. Director of Education by 16:00 hours on 06.04.2012. The concerned districts will compile the school-wise status of such vacant seats under EWS and Disadvantaged Group category and forward the same to the Act Branch at HQs latest by 10.04.2012 so that necessary steps to fill all the vacant seats can be taken”.
5. That it has already been submitted by the answering respondent in its counter affidavit that the:
“………….Order dated 24-11-2007 along with the Judgments dated 26-11-2007 and 19-11-2007 passed by this Hon’ble Count in WP( C) NO. 12490 /2006 and LPA NO. 196/2004 have been challenged before the Hon’ble Apex Court. It is submitted that batch of 5 SLPs (SLP(C) NO. 2461718/2007, SLP( C) NO. 24622/2007, SLP(C ) NO. 24624/2007, SLP(C ) NO. 14833/2008 and SLP © No. 14839/2008) are still pending consideration before the Hon’ble Supreme Court.
9. The Section 11 of the RTE Act, 2009 which came into force w.e.f. 1-04-2010, provides that:-
“With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate government may make necessary arrangement for providing free pre-school education for such children”.
10. That the Guidelines/Rules regarding Pre-school can be worked out after detailed discussion and consultations with experts and stakeholder and in view of the provisions of RTE Act and challenge against the order dated 24/11/2007 in the Hon’ble Supreme Court.”
6. Article 45 of the Constitution of India provides:
“45. Provision for early childhood care and education to children below the age of six years.
The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
It is submitted that section 11 of the Right Of Children to free & Compulsory Education Act 2009 is in consonance with Article 45 of Constitution of India.
7. That under Section 11 of the Right of Children to Free and Compulsory education Act 2009(RTE Act), children above the age of 3 years are to be prepared for elementary education and secondly the Government shall endeavour to provide education/care for such children.
8. Section-12 of RTE ACT, 2009, Provides that: - Extent of School’s responsibility for free and compulsory education
(1)For the purposes of this Act, a school,-
(a)Specified in sub-Clause (i) of Clause (n) of Section 2 shall provide free and compulsory elementary education to all children admitted therein;
(b)Specified in sub-Clause (ii) of Clause (n) of Section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to minimum of twenty-five per cent;
(c)Specified in sub-Clause (iii) and (iv) of Clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker Section and disadvantaged group in the neighborhood and provide free and compulsory elementary education till its completion:
Provided further that where a school specified in Clause (n) of Section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.
Further Section 2(n) reads as under:-
In this Act, unless the context otherwise requires.-
(n) “school” means any recognized school imparting elementary education and includes-
(I) a school established, owned or controlled by the appropriate government or a local authority;
(II) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority;
(III) a school belonging to specified category; and
(IV) An unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;
Conjunct reading of Article 45 read with section 11 and proviso to section 12 (1) of RTE Act, 2009, shows there is need of pre-school education of children below 6 years of age. The RTE Act, 2009 nowhere bars schools from running pre-school classes. On the contrary, it provides for applicability of provisions of clauses (a) to (c) of Section 12 of RTE Act, 2009. Hence, Order dated 16-12-2011 has rightly incorporated Pre-school classes to admit 25% EWS and Disadvantaged Groups children at the academic session 2012-13. The RTE ACT, 2009, being Central legislation, would prevail over any State Legislation.
9. That in pursuance to the decision taken by the cabinet on the recommendation of the Ganguly Committee. The department had issued the Recognized Schools (Admission Procedure for Pre-primary Classes) Order 2007, wherein it is clearly mentioned that schools which are already providing Pre-school education may continue to do so till the framing of guidelines.
10. It is submitted that after the coming into force of the Right to Education Act, 2009, the matter regarding regulation of Pre-school education also needs to be looked into. The necessary guidelines/rules will be worked out by the Govt. after detailed discussions and consultations with experts and stake holders and subject to the final orders in respect of the challenge against order dated 24/11/2007 pending in the Hon’ble Supreme Court.
In view of facts set out hereinbefore it is submitted that the application be dismissed.
Deponent
VERIFICATION
Verified at Delhi on this 04 th day of January, 2012 that the contents of my above affidavit are true and correct to my knowledge and belief, no part thereof is false and nothing material has been concealed there from.
Deponent
(NEWS COURTESY-Mr KHAGESH JHA)
Replies to This Discussion
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Permalink Reply by 15uimv10hw89w on
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WHAT ACTUALLY DOES THE GOVERNMENT WANT WOULD NEVER BE CLEAR. BUT ONE THING IS CLEAR THAT WHETHER THE SCHOOLS OR THE GOVERNMENT OR THE JUDICIARY, ALL ARE HANDS IN THE SAME GLOVE. SABKO SABKA HISSA PAHUNCHA DIYA JAYEGA PAR HAR BACHCHE KO USKE HISSE KI EDUCATION MILEGI YA NAHIN, ONLY GOD KNOWS.
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I hope the Court will become more mature by the time admission starts for next year and govt will start thing about the parents who have to take leave from the corporate world and then under go harassment in the hand of both govt ( following the news channel,going through new paper, internet) and office.Govt does not go on leave but they enjoy all the benefits which a common man does not enjoy,So why not to boycott such a procedure and support a movement where SC should take a decision through a fast-tract instead of going though Govt.Sorry to say but the procedure adapted in India is really pathetic.
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As usual the Govt is making a mockery of Court proceedings and innocent parents and their children are suffering. Hope the social jurists will place this fact before the Court
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please clarify age????????????????for nursury
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Hi... require one help..
My son's name in Municipal Corporation's date of birth proof is slightly wrong, it is pratik pranjal while I want to spell it as Prateek Praanjal.
Please suggest what should i do???
Also, if one is not from Delhi originally and has bank account statement (ICICI Bank)or mobile bill (Air tel postpaid), will it work???Thanks..
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NO THEY WON'T BE SUFFICIENT. ALSO TO GET THE NAME CHANGED TAKES SOME TIME, SO IT WOULD BE BETTER TO GET IN TOUCH TO A TOUT THAT ROAMS IN THE COURT COMPLEXES TO GET ALL THIS DONE. I AM SPEAKING THE TRUTH BECAUSE IF THE SCHOOLS CAN CLEARLY ASK OUR INCOMES WHY CAN'T I TELL THE GROUND REALITY OF GETTING THINGS DONE ???
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Permalink Reply by Lathaa Manavalan on
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Now apply in all schools as per the BC and then later on do correction in BC since it may take alleast 15 days and then submit it to the school and get it corrected in school.
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My Daughter's DOB is 10th December 2007 so she is 4 PLUS right now. We have submitted KG admission forms in many schools. But today heard that Education Minister Lovely has mentioned that Nursery admission age should be 4+. IS THIS TRUE?
As per the School admission forms ... for nursery admissions, a kid should be born after 1st April 2008 and should be 3+.
Now what should parents like us do ????
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Govt defends decison on pre-school admission
New Delhi, Jan 5, 2012: The city government has told the Delhi High Court that the Constitution and the Right to Education (RTE) Act did not bar schools from running pre-school classes for children below six years of age.
An affidavit filed by the government days before an important hearing in the High court on a PIL seeking to restrain schools from admitting 3+ kids in nursery classes, said schools can continue with pre-school education till framing of the guidelines on the issue.
NGO Social Jurist has moved the court against the order of the Directorate of Education (DoE) that children below four years of age can be admitted in pre-school (nursery) classes. The order of the DoE was violative of an earlier judgement of the High Court which said no child below the age of four years would be admitted for formal schooling, the PIL said.
However, the affidavit of Shashi Kaushal, Additional Director of DoE filed before a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw, defended the DoE's directives on the issue. "Conjunct reading of Article 45 read with section 11 and proviso to section 12 (1) of RTE Act, 2009, shows there is a need for pre-school education of children below 6 years of age. The RTE Act, 2009, nowhere bars schools from running pre-school classes," it said.
The government said that the interpretation sought to be given by the petitioner to the order dated December 16, 2011, as passed by the DoE is wrong. "That under Section 11 of the RTE Act, children above the age of 3 years are to be prepared for elementary education and secondly the government shall endeavour to provide education/care for such children," the affidavit said.
http://education.mathrubhumi.com/php/news_events_details.php?nid=24...
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So if Govt. follows RTE Act will Pre-school or Nursery run free of cost as RTE Act 2009 requires that states should provide free pre-school education to children from the age of three to six as preparation for school education. Can we expect the same from Delhi Govt?
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NO WAY. DELHI GOVERNMENT IMPARTING FREE EDUCATION ?????????
NO WAY. AT LEAST NOT IN THIS LIFE !!!!!!!!!!!!!!
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Nursery admission: Delhi govt takes u-turn
New Delhi, Jan 5 : The Delhi government has taken a u-turn with regard to the age criteria for admission of students to the nursery class and allowed pre-school/pre-primary school classes to run in private-aided schools where children below the age of three years will also be admitted.
In reply to a court query that whether the pre-nursery class where students below four years of age are being admitted to regular schools be treated as entry-level to the school or not, the Delhi government said as per the criteria being followed by them pre-school, pre-primary and class 1 are being treated as entry-level for the session 2012-13.
The affidavit states that the order passed by the Directorate of Education on December 16, 2011, was with regard to Delhi School Education (Free seats for students belonging to economically Weaker Section and Disadvantaged Group) and lays down the admission schedule and guidelines for conducting admission to Pre-School/Pre Primary/Class I classes (entry level) for academic session 2012-13.
With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the government may make necessary arrangement for providing free pre-school education for such children.
The affidavit stated that the Guidelines/Rules regarding Pre-school can be worked out after detailed discussion and consultations with experts and stakeholders and in view of the provisions of Right to Education Act.
Another petition of similar nature challenging government's November 24, 2007, order is pending in the Supreme Court. (UNI)
http://www.newkerala.com/news/2011/worldnews-139661.html
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