The Delhi High Court on Tuesday ended the uncertainty over nursery admissions in unaided private city schools for 2013-14. The admissions had gone into a limbo as government notifications, which gave power to these schools to formulate their own admission criteria, was challenged in court.
The court had said earlier that its decision on the PIL would also affect nursery admissions for the 2013-14 academic session.
The court upheld two government notifications which were challenged. The petition had said the power given to schools to lay down admission criteria was contrary to Section 13 of the Right to Education Act.
The act says there would be no screening process of either parents or kids and no child would be discriminated against and as per the Act admission would be given by way of draw of lots and neighbourhood would be the only criteria and separate guidelines cannot be framed by schools.
A bench comprising of Chief Justice D Murugesan and Justice VK Jain allowed the submission of the central government that said that the RTE Act is not applicable to nursery admissions and is applicable to a child between the age group of 6 to 14 and that the states were free to formulate policies to govern pre-school (nursery) admission.
The court also clarified that the RTE Act would deal with 25 per cent reservation for children of weaker sections in admissions to pre-elementary classes including nursery.
The court sought an amendment to bring nursery admission also under the ambit of the legislation to ensure equal opportunity for children.
‘In our opinion there cannot be any different yardstick to be adopted for education to children up to the age of 14 years irrespective of the fact that it applies to only elementary education. It is the right time for the government to consider the applicability of Right to Education Act to the nursery classes as well. In that sense, the provisions of Section 13 would be rendered meaningless insofar as it prohibits screening procedure at the time of selection,’ said the court.
The court also said the schools cannot be allowed to run as ‘teaching shops’.
The court had said earlier that its decision on the PIL would also affect nursery admissions for the 2013-14 academic session.
The court upheld two government notifications which were challenged. The petition had said the power given to schools to lay down admission criteria was contrary to Section 13 of the Right to Education Act.
The act says there would be no screening process of either parents or kids and no child would be discriminated against and as per the Act admission would be given by way of draw of lots and neighbourhood would be the only criteria and separate guidelines cannot be framed by schools.
A bench comprising of Chief Justice D Murugesan and Justice VK Jain allowed the submission of the central government that said that the RTE Act is not applicable to nursery admissions and is applicable to a child between the age group of 6 to 14 and that the states were free to formulate policies to govern pre-school (nursery) admission.
The court also clarified that the RTE Act would deal with 25 per cent reservation for children of weaker sections in admissions to pre-elementary classes including nursery.
The court sought an amendment to bring nursery admission also under the ambit of the legislation to ensure equal opportunity for children.
‘In our opinion there cannot be any different yardstick to be adopted for education to children up to the age of 14 years irrespective of the fact that it applies to only elementary education. It is the right time for the government to consider the applicability of Right to Education Act to the nursery classes as well. In that sense, the provisions of Section 13 would be rendered meaningless insofar as it prohibits screening procedure at the time of selection,’ said the court.
The court also said the schools cannot be allowed to run as ‘teaching shops’.