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Your take , without age being decided can final guidelines come ?
Affidavit
IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (C) NO. 7802 OF 2011
Social Jurist, A Civil Rights Group ... Petitioner
Versus
GNCT of Delhi ..Respondent
AFFIDAVIT ON BEHALF OF RESPONDENTS
I 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 aware of the facts and circumstances of the case in my official capacity from the records kept in the ordinary course and am competent to swear this affidavit.
2. That this short affidavit is being filed on behalf of the respondent No. 1, GNCT of Delhi, in reply to the above noted writ petition. That at the outset the averments made in the writ petition are denied and nothing stated therein may be deemed to be admitted unless specifically so stated herein.
3. It is respectfully submitted that the issue of Nursery/Pre-Primary admissions has been dealt earlier by this Hon'ble Court in LPA No. 196/2004 WP(C) No. 12490/2006 wherein Ganguly Committee war constituted to try and find out a viable and all comprehensive policy for pre-primary education in Delhi so that admission to the pre-primary class/classes as the case may be is made homogeneous and uniform.
4. That the Ganguly Committee had submitted its Report to the Hon'ble High Court. A Copy of the given Report was also furnished to the Government of NCT of Delhi to consider the recommendations of Ganguly Committee and to take a decision in accordance with law. Thereafter, a meeting of Delhi School advisory Board was held on 19-06-2007 with regard to issues relating to admission age for Class I and regulation of pre-primary schooling, wherein the said report was discussed threadbare. Thereafter, the proposals based upon the committee report, were put up before the Cabinet.
5. That the Cabinet at its meeting date 3-09-2007 considered recommendations of the Ganguly Committee and accepted and approved that the minimum age for admission in Pre-primary and Class I will be 4+ and 5+ respectively. The cut off date for determining the age was fixed 31st March of the year in which admission is sought. For Pre-school, the schools which have infrastructural facilities were allowed to open pre-school classes for children below the age of four years. However, the pre-school classes shall not be a part of the main school nor shall be treated as feeder class to the pre-primary class of the school. The children in the pre-school should be from immediate neighborhood and there should be no school bag for carrying any prescribed books in all such pre-school classes. Further, it was also approved that the Directorate of Education will introduce one year pre-primary in Government schools.
6. The decision of the Government regarding acceptance of Ganguly Committee recommendations was placed before the Hon'ble High Court through an affidavit. The draft order of the decision of GNCT of Delhi, with regard to the procedure and criteria for admission to a pre-primary class in recognized schools of Delhi was also placed before the Hon'ble Court. The Hon'ble High Court took the draft Order on record and permitted the Government to issue the Notification in terms of the same. Thereafter, the Directorate of Education issued Order dated 24-11-2007 - The Recognized Schools (Admission Procedure for Pre-Primary Class) Order, 2007 wherein procedure and criteria for Pre-Primary admissions were laid.
7. That in pursuance to the recommendations of the Ganguly Committee, as approved by the Cabinet, the Directorate of Education has already opened Pre-Primary classes in 331 out of 382 Sarvodaya Schools. And in the remaining Sarvodaya Vidyalayas also, after making the provisions for infrastructure, wherever possible, pre-primary classes will be opened in a phased manner.
8. It is submitted that above mentioned Order dated 24-11-2007 along with the Judgments dated 26-9-2007 and 19-11-2007 passed by this Hon'ble Court 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.24617-18/2007,SLP(C)NO.24622/2007,SLP(C) NO.24624/2007,SLP( C ) NO.14833/2008 and SLP( C ) 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 discussions and consultations with experts and stakeholders and in view of the provisions of RTE Act and challenge against the order dated 24/11/2007 in the Hon'ble Supreme Court.
That in view of the submissions made above, it is most respectfully prayed that this Hon'ble Court may pass such orders and/ or directions as it deems fit, just and proper in the facts and circumstances of the case. The deponent is duty bound to honour the same.
DEPONENT
VERIFICATION
Verified at New Delhi on this 14 day of December, 2011, 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
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I can guess the basis - "CORRUPTION".
BTW it doesn't matter.... whatever the frivolous reason they will give there is no valid justification for the delay.
@Rahul
Govt first of all submitted the affidavit today(they should have done within 15 days after 23 nov) and they have mentioned that if the age has to be 4 yrs due to technical aspects of RTE ,they will require more time for its implementation
Had they submitted it earlier than Social Jurist could have gone for argument after reading it
we will be getting scanned copy so we will post it on the forum
Guidelines and the age are two different attributes for admissions. Guidelines for schools are for admission of a student across the entire available list of classes. There can be specific suggestions for particular age groups or General guidelines(eg: no interview for children below age 5, no filtering based on parent's qualifications, no filtering based on pay packet of parents etc). Schools are free to frame their selections within the guidelines available for respective classes. So no excuses for the Govt - for not producing Guidelines!
Well nothing new, this was expected.
There is the difference b/w a private and a govt job. You are fired if you don't stick to your commitments whereas in Govt jobs, people gets appraised when they don't meet committed time.
Excellent !!
It is leading by examples and leaders create followers. The top officials have not been able to decide in 1 month so a chaprasi in any organisation is not doing anything wrong.
Keep it up, I am sure that the age will be 3 years after a lot of drama. This is a norm every year, just harass people.
Absolutely ridiculous....
Goverment has no concern about parents sentiments and anxiety they go through...
Can make no plans for New Year...
Life can never be organized in this country
Corrupt people are ruling us....... God help this nation..... I think one more act will be implemented under congress rule...... RTC ( Right to Corruption)......
Well said Anuj :)
Thanks!
I am speechless and more disgusted seeing the phases of nursery admission taking place in Delhi. No wonder a good political move. No media reports have come forward to reach the parents about the judgement who were very anxious to know about their kids fate. It's proves a political pressure. Moreover our govt. totally ignored the thought process of Early Childhood Education (ECE) which plays a very important role in a child's future. Or else they could have performed a committee calling all educationists, principals and analysed about the age criteria and guidelines beforehand. But instead Mr.Lovely did not take even a single step to accept the failures of last year which Mr.Vohra is continuously insisting and go for a reformation in system. If really govt was interested to revive the education system it would have submitted to HC in time. Even now a short period is enough to implement the age criteria of 4 + for pre-primary since infrastructure,staff and kids are ready. It's a matter of escapism. With this simple excuse again 3+ is going to continue with the same guidelines. Parents can start a postcard campaign to CM and Edu. Minister or else they would say that the matter was not brought to their concern by anyone. HRD Minsiter will escape saying that it's a state matter and DOE as before. But Govt. is trying to seal matters. Before Lokpal Bill here Lockup bill is playing their cards. Corruption is the root cause here too since educational centres have started functioning as business centres. Many countries in the world are trying for day to day betterment of ECE expect India. I wish to take CM and Education Minister for a world education tour and visit all ECE centres to learn the basis. I request all parents to have patience and don't dump your hard earned money anywhere in fear.
You have painted the exact picture. Thanks.
Now, do we have a choice of not to send our kid to formal school at the age of 3, whatever the Govt. decide about age criteria?
Its really frustrating and confusing. So please tell us what do we do now...God...the entire process looks like a nightmare and the point is we want to give our children the best education. Please tell me what should I do now??My Son will be 3 years and 4 months by 31st March 2012.
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