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Private schools cannot make their own admission criteria: High Court - PTI/IBN7/HT/TOI
Private schools cannot make their own admission criteria: High Court
Press Trust of India
New Delhi: The Delhi High Court on Wednesday said the Centre and the city government cannot "dilute" the the Right to Education Act by allowing unaided private schools to formulate their own criteria for nursery admissions. "You (HRD Ministry and Delhi government) cannot the dilute the provision of the Right of Children to Free and Compulsory Education Act (commonly referred to as Right To Education). By allowing them (schools) to formulate their own admission criteria, you are giving preference to one child over another, which is against the Act," a bench comprising Chief Justice D Murugesan and Justice V K Jain said.
The court also said the whole ongoing nursery admission process here would "go" if it decides to "quash" the notification issued on December 15, 2010 by the Directorate of Education (DoE) on behalf of Delhi government. Ashok Agarwal, appearing for NGO Social Jurist which has filed the PIL, said the notification has "given a totally free hand to all unaided recognised private schools to formulate their own nursery admission criteria based on categorisation of children....".
"This is contrary to Section 13 of the Act which says that there would be no screening process of either parents or of kids and no child would be discriminated against. It also provided that admission would be taken by way of draw of lots and the neighbourhood would be only criteria," he said adding separate guidelines cannot be framed by schools.
Despite the provision being "clear", the schools have been formulating their own guidelines and according preferences on grounds such as religion, alumni and sibling. This is not permissible as it propagates discrimination, he said. The court would hear the case tomorrow also.
High Court talks tough on nursery admission norms- HT
Harish V Nair, Hindustan Times
New Delhi, January 24, 2013
New Delhi, January 24, 2013
The Delhi High Court on Wednesday said it will not hesitate to quash the 2010 government notification on nursery admission rules if it violated the Right to Education (RTE) Act. Every year, the city’s private schools fix the admission criteria based on the 2010 notification. Its
quashing is likely to affect the ongoing admission process as the court held, “Students are being selected in accordance with the notification and even if the admission process has begun, the study session begins only in April”. The development comes a fortnight before the schools will release their first list.
A bench of Chief Justice D Murugesan and Justice VK Jain is likely to pronounce its verdict on Thursday. The bench made these strong remarks after lawyers of the Centre, Delhi government and the association of private schools failed to provide convincing replies to their pointed queries on the validity of the admission criteria being followed by the schools vis-à-vis the RTE.
The court was hearing a PIL that challenged the point system being followed by private schools as a “violation of the RTE Act”. Petitioner Ashok Aggarwal of NGO Social Jurist told the court that only distance should be allowed as a criteria and students should be selected through draw of lots. He argued that the criteria of sibling, alumni and first child were “discriminatory”.
The Centre had issued nursery admission guidelines for the entire country on November 23, 2010, giving private schools the liberty to formulate their own guidelines based on categorisation of children. The Delhi Government went a step further, allowing schools to form criteria like sibling, alumni etc.
Disallowing the plea of the association of private schools to hear out each school, the bench said: “If the government notification is quashed, schools guidelines will automatically stand quashed. We need not look into the guidelines of each school”. “The RTE Act supersedes all notifications. How could the state government amend the centre’s notification?” The bench asked.
HC order on nursery norms likely today- TOI
NEW DELHI: Indicating trouble for the city's private unaided schools, Delhi high court on Wednesday said unless the government's 2010 notification is in sync with the Right to Education Act, it might be quashed.
The notification has been relied upon by the schools to fix their admission criteria for nursery admissions and these have been challenged by an NGO in court.
A division bench comprising Chief Justice D Murugesan and Justice V K Jain heard the petitioner NGO Social Jurist, the state government, the Centre and the association of schools at length on Wednesday while making it clear it won't hesitate to quash the notification if found arbitrary.
HC fixed Thursday for further hearing into the case when it might give a verdict on the validity of the notification, which has been challenged before the court on the ground that it permits schools to promote inequality and discriminate in admissions despite clear cut mandate of the RTE Act.
Appearing for the NGO advocate Ashok Aggarwal told HC that the RTE Act envisages just the "neighborhood criteria and draw of lots" as permissible ways to pick and choose candidates for admission, but the schools have come up with their own criteria leading to discrimination.
The notification has been relied upon by the schools to fix their admission criteria for nursery admissions and these have been challenged by an NGO in court.
A division bench comprising Chief Justice D Murugesan and Justice V K Jain heard the petitioner NGO Social Jurist, the state government, the Centre and the association of schools at length on Wednesday while making it clear it won't hesitate to quash the notification if found arbitrary.
HC fixed Thursday for further hearing into the case when it might give a verdict on the validity of the notification, which has been challenged before the court on the ground that it permits schools to promote inequality and discriminate in admissions despite clear cut mandate of the RTE Act.
Appearing for the NGO advocate Ashok Aggarwal told HC that the RTE Act envisages just the "neighborhood criteria and draw of lots" as permissible ways to pick and choose candidates for admission, but the schools have come up with their own criteria leading to discrimination.
Replies to This Discussion
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Permalink Reply by Akshat on
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The court has only confirmed what many of us have been demanding and repeated surveys have shown. Except for area no other criteria should be allowed. Criterias like sibling, alumni and transfer are against the child-centric approach of RTE and are illegal.
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Very true, but when should we expect it to be in place. Looking at the results of DPS, it seems only siblings and alumni can have admission in those schools. Siblings might have some weightage but alumni points should strictly be prohibited.
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Permalink Reply by Lathaa Manavalan on
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The intent of the enactment of RTE Act is to secure equal educational opportunities for all without discrimination. But most of the Schools have come out with a highly discriminatory points criteria with indirect screening procedures based on the parents financial and educational background.
Even though DOE issued some kneeky-jerky circulars after Mr.Vohra's condemnation against this evil criteria set by the schools through all medias, it has given full autonomy to Schools to set their own admission procedure.
Just a criteria with neighbourhood and draw of lots could also be manipulated and mishandled.
I feel centralised admission process would be the only way to bring transparency.
I would like to remember the points highlighted in the memorandum submitted to DOE Director by our Founder in Dec'11.
Further the parents want to propose a Centralised Point System with centralized admission process with following salient features:
1. There should be one common form which should be filled by all parents who are seeking admissions for their kids, online/offline. The form should have all the required details and a few preferred schools.
2. It should be submitted to the DOE or the any concerned impartial authority.
3. Based on the details given by parents, the authorities should assign schools to each child (each child should be given a choice of 4-5 schools to choose from).
4. After this list is out, the parents should choose any one school and submit the same.
5. Once the list is final, the schools should be sent the list of the students who have been admitted in their school.
6 Scrap Alumni Points( Against RTE as alumni is educated till 12th so profiling against uneducated under RTE )
7 Transparency etc
8 .Strict action against all (schools which flout guidelines)
9. There should be a uniformity from sale of prospects to declaration of selected
candidates.
10. Upper Limit of fees should by schools to be fixed.
11. Any guidelines should be analysed before implementation.
12. No child should be left out without admission.
Regards
Sumit Vohra
Founder/Admin - www.admissionsnursery.com
President V R ONE (NGO)
I would like to remember parents the memorandum given by Mr.Vohra to DOE Director on Dec'11
Further the parents want to propose a Centralised Point System with centralized admission process with following salient features:
1. There should be one common form which should be filled by all parents who are seeking admissions for their kids, online/offline. The form should have all the required details and a few preferred schools.
2. It should be submitted to the DOE or the any concerned impartial authority.
3. Based on the details given by parents, the authorities should assign schools to each child (each child should be given a choice of 4-5 schools to choose from).
4. After this list is out, the parents should choose any one school and submit the same.
5. Once the list is final, the schools should be sent the list of the students who have been admitted in their school.
6 Scrap Alumni Points( Against RTE as alumni is educated till 12th so profiling against uneducated under RTE )
7 Transparency etc
8 .Strict action against all (schools which flout guidelines)
9. There should be a uniformity from sale of prospects to declaration of selected
candidates.
10. Upper Limit of fees should by schools to be fixed.
11. Any guidelines should be analysed before implementation.
12. No child should be left out without admission.
Regards
Sumit Vohra
Founder/Admin - www.admissionsnursery.com
President V R ONE (NGO)
I would again recall the point in memo no. 11. Any guidelines should be analysed before implementation.
So I request Delhi Govt, MHRD, DOE jointly should involve our Founder Mr.Sumit Vohra in policy making process and pave a way for transparent admission process.
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Permalink Reply by Sakshi (Moderator) on
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i concur with you lathaaji
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Mam,
The one school whose point critera and lists that came across were transparent and I really appreciate were of Heritage School Vasant Kunj. General category is follows:
Sl. Code Criteria Specifications Range of Points
1 Neighbourhood 0 - 5 Kms 70
5 - 10 Kms 60
Above 10Kms 50
2 Sibling
30
Total Points
100
DISTANCE CRITERIA : GENERAL CATEGORY
Distance Range
Locality
0 - 5 Kms
Vasant Kunj, Kishangarh, Ber Sarai, Masoodpur, LadoSarai, New Manglapuri, Mehrauli, Mahipalpur, Maidan Garhi, Anderia Morh, Sultanpur, Amedkar Colony, Chattarpur Extn, Chattarpur Mandir, Chattarpur Enclave
5 - 10 Kms
Arjan Garh, Aya Nagar, Chirag Delhi, Geetanjali Enclave, Ghitorni, Green Park, HauzKhas, IIT, KatwariaSarai, Khanpur, Khirki Village, Malviya Nagar, Shivalik, Mother school, Munirka, Rajpur Khurd Extn., Madangir, Neb Sarai, Joanpur Village, Panchseel, Panchsheel Park, Pusp Vihar, Qutub Institutional Area, R K Puram I, R K Puram II, R K Puram III, R K Puram IV, R K Puram V, R K Puram VI, R K Puram VII, R K Puram VIII, Moti Bagh South, Nanakpura, Saidulahjab, Safdarjung Enclave, Saket, Sainik Farm, Shankar Vihar, Vasant Vihar
Above 10 Kms
DLF Phase II Gurgaon, DLF Phase III Gurgaon, CR Park, Delhi Cantt, Defence Colony, East of Kailash, DLF Phase I Gurgaon, Greater Kailash II, Greater Kailash I, Moolchand, Moti Bagh West, Heritage City Gurgaon, Sarojini Nagar, South Extension, Kalkaji, Savitri Cinema, Lajpat Nagar, New Friends Colony, Masjid Morh, Khelgaon, Rajouri Garden, Naraina, Delhi Cantt., Sarita Vihar, Chanakya Puri, Aashram, Alaknanda, Connaught Place, Kotla
The list came out with addresses for everyone to see.
Freeship category
SCHEDULE || GUIDELINES || SEATS AVAILABILITY || CRITERIA - GENERAL CATEGORY || CRITERIA - FREESHIP CATEGORY
ADMISSION CRITERIA : FREESHIP QUOTA
Result will be formulated on the basis of the points scored against the criteria given below.
Sl. Code Criteria Specifications Range of Points
1 Neighbourhood 0 - 1 Kms 100
1 - 3 Kms 80
3 - 6 Kms
60
Above 6 Kms 40
Total Points
100
DISTANCE CRITERIA : FREESHIP QUOTA
Distance Range
Locality
0 - 1 Kms
Kishangarh, Bhawani Kunj
1 - 3 Kms
Masoodpur, Mehrauli, Sultanpur, New Mangalapuri, Chattarpur Village, Ambedkar Colony (Chattarpur)
3 - 6 Kms Lado Sarai, Neb Sarai, Ghitorni, Rajpur Khurd Extn, Chattarpur Extension, Rangpuri Pahari, Mahipalpur, Katwaria Sarai, JNU, Ber Sarai
Above 6 Kms
Safdarjung Enclave, SDA, Bhaatti Mines, Samalka, Fatehpur Beri, Satbari, Khanpur, Dera Village, Madangir, Chirag Delhi, Mandi, Rajokri, Jonapur
Click here to download Application Form for Admission under Freeship Quota
All schools ought to follow thos pattern. Apart from alumni, i also believe the Girl Child criteria is foolish unless in freeship quota. And single/only child criteria being put in Dwarka schools crosses the limit. Are parents going to sign a memo that they wont have a second child after they admit their first to these schools??
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Juhi: The only reason Heritage is unable to give Alumni points is because it is not old enough to have an Alumni! Of course the commendable bit is there are no first child/girl child/transfer/govt servant etc. points! Good show by Heritage!
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@ Juhi Bhatt
We are not talking about one or two schools but Mr.Vohra is raising the voice for more than 2000 private unaided schools in Delhi.
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Today VIS, sector-6, dwarka, at 1:00 PM....Go & see urself....school called parents for donation...
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I agree with you Preeti as i faced the same thing yesterday in one of the schools in North Delhi, even though the school has uphold the result.
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Permalink Reply by Harpreet Kaur Azad on
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Bravo Mr. Aggarwal.... Thanks a ton... The effort is much appreciated and brilliant.
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Permalink Reply by k suresh kumar on
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I second Lathaji's request to make Mr.Sumit Vohra in policy making process for a better and transparent admission process with an objective of 'NO child be left out without admission'!
We are with you!
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@ Suresh Kumar
Thanks. We look forward for your continuous support.
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