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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.
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.
TNN | Jan 24, 2013, 01.48 AM IST
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Nothing would happen. Schools have already flouted the lists and started the admission process. Renowned names like DPS, Modern Convent etc had their own guidelines which are against RTE Act.
We appreciate Mr. Ashok Agarwal & Mr. Sumit Vohra for bringing these points in light however no schools will follow the fee guidelines or admission critriea if even H'ble Court forces the verdict.
@Rahul: Can feel your frustration. But the changes you see every year are because of the persistent work being put in by people like Ashok and Sumit. Removal of RAA which has been going on for four years is a case in point. Even if nothing happens this year - this is a great start. Hope for the best - but be prepared either way!
So why some schools are giving points to Catholic Christians as many as 50 points.
@Neeraj, Minority School have been given this right by GOVT OF INDIA.
Not everything's that's sanctioned by the Government of India can be considered fair. The present fight is also against something that was duly sanctioned by the government, isn't it?
Any update on final judgement from delhi High Court?
Sukesh,It will take more time .The hearing had not commenced till 2 .15 pm
If the Hon'ble court quashes the current process, there would be many parents affected by such a judgement. Specially, schools that have already come out with their lists. I wouldn't want any parent to go through the thrill of getting through the school of their choice only to be told later on .. it was all a big mistake! Why do we always come out which such judgments after the whole process has started? This is not the first time .. something of this nature happens every year. Last year it was to do with age limits, year before that it was to do with the criteria .. and the year before that it was to do with the girl child! Why can't the Govt/courts come up with a clear set of guidelines well in advance?
STATUS OF PIL AGAINST NURSERY ADMISSIONS CRITERIA OF PRIVATE SCHOOL IN HIGH COURT
THE CASE WILL BE CONTINUED ON MONDAY AT 2 PM
Sakshi Mam
Thanks for your update.
The honourable court pointed in the right direction i.e. admission based on neighbourhood criteria only bcoz the schools were given land (& that too on concessional rates) for providing quality education for the benefit of local area & not entire delhi. Further their is no logic in points criteria like sibling, alumni that leads to clear cut discrimination.
Also a word of appreciation for Mr Agarwal & Mr Vohra for their unrelenting efforts to draw the attention of honourable court, govt. authorities &public.
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