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Delhi

Delhi High Court likely to decide on nursery admission plea today

The Delhi high court will hear a petition on Monday which will decide the fate of ongoing nursery admission process in the city that started on first day of this year. The petition has challenged a notification of the Delhi government, which give the unaided schools of the city the freedom to decide their own admission criteria.

The Public Interest Litigation filed by NGO Social Jurist has challenged the point system, which is currently being followed by private schools, as a violation of the Right to Education Act (RTE Act).

NGO counsel Ashok Aggarwal said that only distance should be allowed as a criterion and students should be selected through draw of lots, saying that the criteria of sibling, alumni and first child were discriminatory. The high court, during the hearing of the case, had said the whole ongoing nursery admission process would stand cancelled if it decides to quash the notification issued on 15 December 2010 by the Directorate of Education (DoE) on behalf of Delhi government.

The central government had left it on the unaided schools to formulate the criteria for admission through a letter dated 23 November 2010.

Later, Delhi government, in its notification dated 15 December 2010, had also left it on unaided schools to formulate their own policy to admit students for 75 per cent of its seats.

Delhi government notification had further said, ‘Keeping in view the unique background, ethos and objectives of the schools in Delhi….the categorisation of the applicants should be on the basis of a criteria, developed in terms of the objectives of the school and can include sibling, transfer case, single parent and alumni.’

On the two notifications, the high court had warned the central and state government against diluting the RTE Act during the hearing. ‘You (HRD ministry and Delhi government) cannot the dilute the provision of the RTE Act. By allowing them (schools) to formulate their own admission criteria, you are giving preference to one child over another, which is against the Act,’ the court had said.

‘The schools are taking advantage of the orders of the Government of Delhi and India and formulated their own admission criteria which was nothing but commercialisation of education.
 
By giving preferenaces to alumini and sibling etc, they have just perpetuated the dynastic rule where only the children of rich people will be entitled to admission.
 
By taking itself 20 per cent management quota for itself, the schools are literally selling the seats which is resulting in profiting and commercialisation of education which is legally impermissible,’ says Ashok Aggarwal.

On what would happen if the high court quashes both the notifications, Aggarwal said, ‘Quashing of the notifications will imply that the ongoing admission process in Delhi will stand cancelled.’
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