The Delhi high court on Wednesday reserved its order on a petition that has challenged two government notifications which gave them powers to formulate their own criteria for nursery admissions.
A bench of Chief Justice D Murugesan and Justice V K Jain, while reserving the order, also said that the parties may give their written synopsis within two days after the counsel for the federation of unaided private schools wrapped up his arguments in the case.
Earlier, the court had made it clear that its decision on the PIL would also affect nursery admissions for the 2013-14 academic session.
NGO Social Jurist has challenged two notifications, issued by the Human Resources Development Ministry and the Directorate of Education of Delhi government, saying that these two notifications have given a totally free hand to all unaided recognised private schools to formulate their own nursery admission criteria based on categorisation of children.
The petition said that some schools give preferences in admission on grounds such as religion, alumni and sibling, which is against the Right of Children to Free and Compulsory Education Act.
‘You (DoE) cannot dilute the provision of the Right of Children to Free and Compulsory Education Act.
You are giving preference to one child over another, which is against the Act, by allowing them (schools) to formulate their own admission criteria,’ the court had said.
‘We will have to test the notifications ... and how far such powers can be extended to schools (by the governments under the Act)... If you give liberty to the schools then the whole purpose of the Act would be lost,’ it had said.
The petition has alleged that the power given to schools to lay down admission criteria was 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 said that the as per the Act, admission would be taken by way of draw of lots and the neighbourhood would be only criteria and separate guidelines cannot be framed by schools.
A bench of Chief Justice D Murugesan and Justice V K Jain, while reserving the order, also said that the parties may give their written synopsis within two days after the counsel for the federation of unaided private schools wrapped up his arguments in the case.
Earlier, the court had made it clear that its decision on the PIL would also affect nursery admissions for the 2013-14 academic session.
NGO Social Jurist has challenged two notifications, issued by the Human Resources Development Ministry and the Directorate of Education of Delhi government, saying that these two notifications have given a totally free hand to all unaided recognised private schools to formulate their own nursery admission criteria based on categorisation of children.
The petition said that some schools give preferences in admission on grounds such as religion, alumni and sibling, which is against the Right of Children to Free and Compulsory Education Act.
‘You (DoE) cannot dilute the provision of the Right of Children to Free and Compulsory Education Act.
You are giving preference to one child over another, which is against the Act, by allowing them (schools) to formulate their own admission criteria,’ the court had said.
‘We will have to test the notifications ... and how far such powers can be extended to schools (by the governments under the Act)... If you give liberty to the schools then the whole purpose of the Act would be lost,’ it had said.
The petition has alleged that the power given to schools to lay down admission criteria was 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 said that the as per the Act, admission would be taken by way of draw of lots and the neighbourhood would be only criteria and separate guidelines cannot be framed by schools.