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RTE’s D-day: Will Delhi do away with the points system? "Schools taking advantage of parents anxiety before the verdict.” Says Sumit Vohra Founder AdmissionsNursery.com

RTE’s D-day: Will Delhi do away with the points system?

by Pallavi Polanki Feb 7, 2013

New Delhi: The much awaited judgment of the High Court on whether the government violated the RTE Act by permitting private schools to come up with their own admission criteria will perhaps be the most significant decision regarding RTE since the Supreme Court’s judgment last year on the Constitutional validity of the 25 percent reservation for economically weaker sections.

The High Court’s verdict will determine whether an admission process based on categories such as alumni, sibling and management, amounts to discrimination against students and, therefore, a violation of the letter and spirit of the Right to Education Act. (Read the full report)

“The RTE Act (Section 13) not only prohibits but also makes punishable the adoption of a screening procedure. The Act is very clear that schools cannot discriminate between two children on any grounds. Only a draw of lots can be the criteria along with neighbourhood – which is at the heart of Act, for admission” said advocate Ashok Agarwal representing NGO Social Jurist that has filed the petition, speaking to Firstpost during an earlier interview.

The parents are caught between the courts and the govt. AFP

After a marathon hearing of closing arguments that lasted close to a week, the High Court reserved its judgment but made it clear that the admission process for the ensuing academic year (2013-14) will be as per its verdict.

What will the implications be, should the High Court judgment render the present system of admissions – the points system – a violation of the RTE Act?

“If the High Court declares it is as ‘screening’, then it will be beyond the jurisdiction of the court even to allow it to continue this year. Because screening is an offence under the RTE Act. It will then no longer remain a civil issue but a criminal issue. There is a provision under the Act for the prosecution of the head of the school in case of violation,” says advocate Khagesh Jha and member of Social Jurist.

Thus, in the eventuality that the High Court quashes the government notification as being a violation of the RTE Act, the ongoing nursery admissions process, will stand disqualified and a fresh process based on the High Court’s verdict will have to be enforced.

Would the association of unaided private schools, which vehemently challenged the quashing of the government notification in the Delhi High Court, then move the Supreme Court and possibly get a stay? The chances of a stay are slim, say lawyers. “In this case, the association of schools is already party to the case. So they cannot take the defence that they were not aware,” says Jha.

For now, however, the uncertainty over the admission process continues. With the government refusing to intervene in the interest of parents by putting the admissions process on hold till the High Court gives its verdict, parents are caught in a fix. Private schools are going ahead with admissions, declaring lists, collecting fees and refusing to refund the fees, in case the process is struck down.

Raising the issue with Delhi’s Director of Education, Sumit Vohra, founder of admissionsnursery.com in a letter (dated February 4) to him writes, “We are getting 100s of complaints (from parents) that many schools are asking for donation openly and many schools are verbally saying they will refund the fee but they are giving in writing that there will be no refund or Rs 500 refund only…Some established schools are saying that whoever deposits the fee first will get the seat after publishing the list of selected candidates on their website, just to take advantage of parents anxiety before the verdict.”

Describing the government’s inaction as a ‘failure’ on its part, Jha says his advice to parents would be to not hesitate to register complaints against the schools with the Directorate of Education (DOE). “Once they register the complaint, it will act as evidence. Parents should not to be afraid of schools. Whatever the schools could do against parents, they have already done. What more harm can they do?”

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Permalink Reply by Ankit Agarwal on February 7, 2013 at 7:19pm

When is the judgegement finally expected ??

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Permalink Reply by Sakshi (Moderator) on February 7, 2013 at 7:32pm

As per Mr Ashok Agarwal earliest by coming Monday.

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Permalink Reply by dr medha mehta on February 7, 2013 at 7:45pm

When will the whole thing be clear it is really amounting to too much stress& going through the whole process of filling firms &standing in ques to submit them is a torture.My ward has not made it ti any list yet still i dont want to do the whole thing again.all the best to all of us.It is more difficult than getting into a medical college.

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Permalink Reply by Puneet Kumar Sharma on February 7, 2013 at 9:28pm

Thanks to the parents community for updating and to the http://www.admissionsnursery.com and their organizers/activists. I have also observed that some some parents are depositing fake documents (e.g. transfer certificates etc.) to get their ward admitted in the schools. I have emailed to the principal of the Indian school and the Birla vidya niketan but all in vein. They don't even bother to reply back. If the verification done by school is limited to the presentation of documents only, then I feel I had committed a SIN/CRIME against my child, that I have not produced fake documents to get my child admitted in a good school.

Thanks and regards

Puneet Kumar Sharma

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Permalink Reply by Sakshi (Moderator) on February 7, 2013 at 10:50pm

Thanks Puneet for your kind word, i agree we have received many complaints. But the prb is Indian school has changed the definition of transfer if you want some action put complaint on DOE website on INDIAN school transfer points.

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Permalink Reply by Vijay Aggarwal on February 8, 2013 at 11:43am

Hi Sakshi

As many schools are going to display their lists on 12th Feb/ 15th Feb, 2013.

If someones child got shortlisted in the same, can we go with that school like deposit of fees or any other charges or still is there any risk on that dates also.

Please guide

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Permalink Reply by Gopal on February 8, 2013 at 12:30am

Any update, when will be High court verdict coming out

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Permalink Reply by Lathaa Manavalan on February 8, 2013 at 12:40am

Thanks for update Sakshi Mam.

Refund policy by the schools are quite shocking. All business making schools started to make hay while the sun shines and hastening the admission process just to make money even though they know that admission process is confined to the court's verdict.

One of the schools informed parents that the court verdict only applied to EWS and not general just just to take advantage of parents in anxiety as quoted by Mr.Vohra.

As Mr.Jha has said parents should file complaint with DOE against erring schools.

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Permalink Reply by geeti on February 10, 2013 at 7:50am

we have applied in 25 schools. let me know are there any possibility of not getting call from any of school.what wll do then

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Permalink Reply by 0ymr6denidfbc on February 11, 2013 at 11:29am

Is there any update on High Court judgment, it was not lined up for today as per Sumit, then when we should expect it..... Schools are not stopping for High Court Verdict in lack of any official stay on admission process, it seems they are not bothered at all as it is the same story every year…