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The Delhi high court on Thursday stayed the AAP government’s decision to scrap the controversial management quota in nursery admissions in capital’s private unaided schools.
Justice Manmohan said the AAP government’s January 6 notification was ‘issued without any authority under law’ and it infringed on the private unaided schools’ autonomy.
The HC also accepted 11 criteria proposed by the private schools’ association as a replacement for the 62 criteria scrapped under the January 6 order.
The HC also asked the AAP government to take action against erring private schools which were ‘demanding money’ from parents to admit kids using the management quota.
The process of distributing forms for nursery admissions began on January 1 and will end on January 22. The first list of selected candidates will be displayed on February 15. The second list, if any, will come out on February 29 and the admission process will close on March 31.
The HC order came on pleas by Action Committee Unaided Recognised Private Schools and Forum for Promotion of Quality Education For All - which claim to represent various private unaided schools - challenging the AAP government order.
The association said the discretionary management quota is not only permitted in all private unaided recognised schools functioning across India but in higher and professional educational institutions.
The government’s decision came in the midst of the admission process for nursery classes in over 2,500 private schools in the capital.
The HC had earlier said the government cannot take away the ‘autonomy of private schools’ by an office order which has not been passed under any statutory provision.
It had said as per the procedure under law, the January 6 notification should have been issued by the Lieutenant Governor.
Deputy chief minister Manish Sisodia had submitted in a sealed cover a list of documents and evidence given by parents who alleged some private schools of asking for money for admitting students.
Sisodia had argued that it was a complex issue as there was fear of parents and their kids getting harassed if the government begins taking action against the schools.
The HC had also observed that public schools have to improve for people to have a fair alternative to private schools.
Sisodia had alleged that many ‘netas’ have over the years opened their own private schools in the capital and they have purposely lowered the standard of the public schools here to their benefit.
Comment
Basis my understanding of the judgment, the 11 criteria's defended by schools are the following:
1. Special Ground (Parents with proficiency in music, sports, national awardee etc) |
2. First Born |
3. School Transport |
4. Status of Child |
5. Empirical Achievements |
6. Proven Track Record of Parents (International/national/state awardee)/Rural Development/Promotion of Traditional Art & Craft/ Sports etc. |
7. Gender |
8. Original research/ recognition received in the area |
9. Contribution, physical or professional work (both pro-bono) through registered NGO |
10. Father/Mother participates at state level in field of sports, music and writing |
11. Adopted Child/ Twins |
Dear All,
Link for HC Judgement
http://lobis.nic.in/ddir/dhc/MMH/judgement/04-02-2016/MMH04022016CW...
The Delhi high court on Thursday stayed the AAP government’s decision to scrap the controversial management quota in nursery admissions in capital’s private unaided schools.
Justice Manmohan said the AAP government’s January 6 notification was ‘issued without any authority under law’ and it infringed on the private unaided schools’ autonomy.
The HC also accepted 11 criteria proposed by the private schools’ association as a replacement for the 62 criteria scrapped under the January 6 order.
The HC also asked the AAP government to take action against erring private schools which were ‘demanding money’ from parents to admit kids using the management quota.
The process of distributing forms for nursery admissions began on January 1 and will end on January 22. The first list of selected candidates will be displayed on February 15. The second list, if any, will come out on February 29 and the admission process will close on March 31.
The HC order came on pleas by Action Committee Unaided Recognised Private Schools and Forum for Promotion of Quality Education For All - which claim to represent various private unaided schools - challenging the AAP government order.
The association said the discretionary management quota is not only permitted in all private unaided recognised schools functioning across India but in higher and professional educational institutions.
The government’s decision came in the midst of the admission process for nursery classes in over 2,500 private schools in the capital.
The HC had earlier said the government cannot take away the ‘autonomy of private schools’ by an office order which has not been passed under any statutory provision.
It had said as per the procedure under law, the January 6 notification should have been issued by the Lieutenant Governor.
Deputy chief minister Manish Sisodia had submitted in a sealed cover a list of documents and evidence given by parents who alleged some private schools of asking for money for admitting students.
Sisodia had argued that it was a complex issue as there was fear of parents and their kids getting harassed if the government begins taking action against the schools.
The HC had also observed that public schools have to improve for people to have a fair alternative to private schools.
Sisodia had alleged that many ‘netas’ have over the years opened their own private schools in the capital and they have purposely lowered the standard of the public schools here to their benefit.
Dear ALL
Lets wait for HC order to get clarity on 11 points that are valid as no media or news paper has given clear list.
Now that management quota is legal, can somebody let us know what is the criteria for getting seat under management quota?
Can someone update on age criteria? What will happen to children above 4 years? My son will be 4 years 13 days and schools have rejected his form. Even the schools that accepted are now showing it as as a doubtful prospect. Please help!
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