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The Delhi High Court on Friday stayed city government's controversial nursery admission notification that made it mandatory for private unaided minority schools to admit students in the unreserved category on the basis of neighbourhood criteria.
The order will give relief to around 15 minority schools in the capital that were set up on public land said advocate Romy Chacko, who represented the minority schools.
Justice Manmohan noted that minority schools, which have been given more autonomy on how they run and function including admit students, cannot be told to follow the government's nursery circular.
The judge said the government cannot interfere with the functioning of minority schools, except on the ground of maladministration.Read more: Delhi policeman puts duty first, helps arrest son who stabbed woman 9 times
On January 7, the government brought out a nursery admission circular that made private schools - built on Delhi Development Authority land - accept admission forms based only on the neighbourhood or distance criteria.
The notification gave priority to those living within a radius of one kilometre. In case seats remain vacant, those living within a three -kilometre radius will get a chance.
The circular told unaided minority schools to treat "unreserved seats" as "Open/General seats" in which admission will be conducted on the basis of the neighbourhood criteria.
Three private unaided minority schools - Mount Carmel School, Ryan International School and Somerville School - had moved the court contending that the circular infringed on their rights to admit students.
The cases filed by other private unaided schools over applicability of the notification on 298 private schools are still being heard by the court.
The court expressed displeasure at the government for coming out with notification at the "eleventh hour".
"There is nothing on record to show why the notification was issued in the eleventh hour and not in advance.... All these create anxiety to parents whose wards are to be admitted in the current academic year," said the judge.
The court told the education department of the government to form an educational policy for nursery admission so that notification in future can be issued at least six months in advance.
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New Delhi, Jan 20 (PTI) Delhi High Court today stayed the operation of Delhi government circular on nursery admission norms regarding private unaided minority schools, telling the AAP dispensation to bring its own schools up to the mark before trying to impose their admission norms on private institutions.
"Your (Delhi government) public schools are down the line, where people do not even want to study free of cost. They are pathetic, where teachers do not even come," Justice Manmohan said and asked why Delhi government was not raising the standard of its school, and instead seeking to take over the autonomy of private schools.
"There is a huge gap in demand and supply. You raise the standard of your schools before interfering in the functioning of the private schools," the court said, adding that "you will be shocked to know that on ground level, none of the parents want to admit their children in your schools".
"Think about the future generation. Will government school help the next generation," the court said while staying the operation of the circular on nursery admission norms with regard to private unaided minority schools.
Staying the January 7 notification that makes it mandatory for private unaided minority schools to admit children in nursery in the unreserved category on the basis of neighbourhood criteria, the court which heard the matter through the day, said "they are free to devise their own procedures and should be treated differently".
The court, which rapped the AAP governments Department of Education (DoE) for issuing such a notification "at the eleventh hour putting everyone in a chaos-like situation including the parents whose wards are to be admitted in the current academic year", said the "government in future should make an endeavour to frame such policy, if any, at least six months in advance, if not earlier".
"Prima facie Delhi government notification dated January 7, 2017 is contrary to the constitutional mandate. This court is also of the prima facie view that the fundamental right of minority schools cannot be interfered with and their right to admit students cannot be taken away.
"Minority schools have the right of maximum administration which cannot be taken away by any terms of contract," it said, adding that "minority schools are entitled to admit students in their own manner as long as there is no mismanagement." (More) PTI PPS HMP ARC
Very valid point
You are spot On Mahima
why spl treatment for these schools
Yes see the list which have management quota among unaided minority school
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