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New Delhi:
TIMES NEWS NETWORK
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A day after HC questioned it on source of its power to fix age limit without consulting the lieutenant governor, the government agreed to make one-time exception to the three minors who petitioned court challenging the age criteria.
The government agreed to exempt the three candidates from the purview of its December 18, 2015, notification but pleaded that the exemption granted by it should not be taken by court as a “precedent for others“.
But Justice Manmohan made it clear that other children with similar grievances can move court. “Those who come, we will look into their grievances. I cannot close the issue. If tomorrow someone else comes, I will have to hear them.The law has to be applied equally . I cannot say that I will not entertain if others come,“ the court said while disposing of petitions filed by Uday Pratap Singh Kapoor, Samridhi Singh and Kamakshi M Prakaash.
The minors, through their counsel Akhil Sachar, had challenged the Delhi government's December 18 notification fixing the maximum age for nursery in private unaided schools at four years.
According to the notification issued by the department of education, the upper age limit for admission in pre-school, pre-primary and Class I has been fixed at four years, five years and six years respectively as on March 31 of the year in which admission is being sought.
The nursery admission process in Delhi schools began from January 1 and will conclude on March 31.
On Monday , the court started examining the legal validity of the AAP government circular after it emerged that the directorate of education order lacked LG's endorsement.
HC had then observed that the notification, by which the upper age limit was fixed, did not appear to have a legal sanctity as it was not issued by the LG or under any statute.
Schools agree to 11 admission criteria
Clarity on nursery admissions can be expected on Thursday when the Delhi high court will issue an interim order to ensure the process is smooth.
Justice Manmohan on Tuesday reserved verdict on a batch of pleas challenging abolition of management quota and other criteria by Delhi government. The application process ends February 5. After school associations agreed to confine their criteria to just 11 for entry-level admissions in private schools, the court indicated that it will pass orders taking these into account. On Monday , HC had suggested schools come out with 10-12 non-negotiable criteria instead of demanding that all 62 scrapped by the government should be brought back. The schools agreed with the suggestion and stuck to criteria including track record of parents, status of child (first born or second born), music, sports and transport. The school said these were the minimum requirements. HC is hearing pleas filed by Action Committee Unaided Recognised Private Schools and Forum for Promotion of Quality Education For All, seeking quashing of the AAP government's January 6 decision to scrap management and all other quotas except for economically weaker sections in private unaided schools. The associations claimed the order was “without jurisdiction and contrary to and violative of judgments passed by the Supreme Court and benches of HC relating to the autonomy of private unaided schools to regulate admissions.“ At the last hearing, deputy CM Manish Sisodia had defended his government's decision alleging private unaided schools are “hubs of corruption“ as they were running “admission rackets“ under the garb of management quota. |
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