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High Court hints at scrapping of nursery points system- India Today dated 25 Jan 2013

High Court hints at scrapping of nursery points system

By Sana Shakil

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The Delhi High Court on Thursday gave strong indications of doing away with the points system for
nursery admission in city schools.

It also favoured a lottery system as the most appropriate method of admitting students rather than differentiating among them on the basis of various categories such as alumni and siblings.

A division bench, which is likely to frame fresh guidelines for nursery admissions from this academic session, also rejected the first-come first-served basis for admitting students saying any classification that causes any kind of discrimination would not be entertained.

The court favoured lottery system as the most appropriate method of admitting students so that they are not discriminated against on any basis

Mr Sumit Vohra ( founder of AdmissionsNursery.com) who was the FIRST ONE TO OPENLY PROTEST ALONG WITH 200 PARENTS AGAINST DISCRIMINATORY POINT SYSTEM (after implementation of RTE) OUTSIDE DOE OFFICE ON 9 FEB 2011 was featured in today's India Today /Mail Today dated 25 Jan 2013

The court favoured lottery system as the most appropriate method of admitting students so that they are not discriminated against on any basis

The points system was started in 2007 on the basis of the Ganguly Committee recommendations for nursery admissions. The court's remark came on a petition filed by NGO Social Jurist.

The NGO has challenged a government notification, issued on December 15, 2010, which allegedly allowed the schools to frame their own admission criteria.

The division bench of Chief Justice D. Murugesan and Justice V K Jain made it clear that private schools cannot "enjoy unguided power, adding that the Centre and the Delhi government cannot allow the Right to Education Act (RTE) to be diluted by permitting unaided private schools to formulate their own criteria for nursery admissions".

When lawyer Shobha, who appeared on behalf of the Schools Action Committee (an umbrella organisation of many city schools), told HC that the Supreme court has approved the government notification, the bench refused to accept the submission and said the apex court had not upheld the notification ever.

 

The bench said the present guidelines were in contradiction to the RTE Act. It observed that considering the RTE, lottery system seems to be the only option to ensure fair play.

It said: "No sort of classification can be allowed. Any system besides the lottery system is not free from the method of screening (which is not allowed under RTE)."

Schools, however, defended the points system saying it ensured a transparent process for admission-seekers and protected their autonomy.

"We get nearly 6,000 applications. Selecting students from among them through a lottery does not seem feasible. How do you ensure inclusion of students from different backgrounds in a draw of lots?," said Ameeta Mulla Wattal, principal, Springdales School.

"During the hearing of the RTE case in the Supreme Court, it was specifically conceded by the Attorney General, both orally and in his written submissions, that schools can formulate their own admission criteria for the non-economically weaker section students," said Arun Kapur, director, Vasant Valley School


Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2267836/High...
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Replies to This Discussion

Hi Sakshi,

As someone who knows the background of this debate, you could you please let us know when the petition was filed?

Thanks,

Aditi

 

Aditi,It was filed  2 years back .

Thanks, Sakshi. And any idea why this is being taken up by the high court at this point of time?

 

Is there any implication on this news on the current admission process going on. Does it mean that the kids who hve already taken admission will have to undergo the process once again

Praveen, Verdict has not come, expected on 28 Jan 2013.

What's the guarantee that this will not be challenged in the supreme court?

Yes, It might be challenged in SC but getting stay on this won't be an easy task keeping RTE in mind.

It is may be challenged in the Supreme Court, but what is more important is whether it stays the HC verdict or not.

Does this mean there are serious chances of the current process being scrapped? Is this a realistic possibility?

Yes,but wait till monday.

@ SUMIT VOHRA @ ALL Parents if u like it Support it !!!

SURYA HANDA RECOMMENDATIONS !!!

I suggest the following :-

(1) Make a Government Website & ask all parents to visit that website & fill forms for their wards & also fill 40-50 schools @ a nominal fees payable to govt OR/AND Also have a place to fill if any parents cant do it online. Then distribute this fees @25 only to schools. Rs.5 per student can be added as govt's processing charges. If anyone wants to fill more than 40-50 schools then charge them at 100 or 200 per school & keep that extra fund for the benefit of RTE or CHILDREN'S FUND or Whatever & pay @25 only to the school.

(2) Govt itself conducts lottery for each school individually. i.e., lottery should be Mutually Exclusive.

(3) Only two lists viz., EWS & General only shall be there. (as per spirit of RTE)

(4) Govt itself should collect the fees & then pay to school to get away with donations. If on visiting any school any child is stopped for want of donation then school's management must be cancelled on 3 or more complaints or as the govt deems fit. To take care of interests of other per-existing students in the school, govt must have talks with some big philanthropist business houses or philanthropist societies to be ready to handle schools or better form a parent-teacher society who can handle or any other way which the parents-teachers-govt community suggests.

I INVITE ALL PARENTS TO ANSWER PLS & THANSK IN ADVANCE

This is good point and I agree to it. One thing I would like to add here that It's would be government duty to monitor that none of the Child is left out to get the admission or else their whole year will get waste.  Also the website should be strong enough to handle all the hits during the time of form submission or else the applications will get lost.

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