Centre concurs in HC with LG`s guidelines on nursery admission

The Centre has told the Delhi High Court that the new nursery admission guidelines, issued by the Lt Governor, were "in consistency" with the Right To Education Act as they accorded primacy to neighbourhood schooling and provided 25 percent quota for poor children.

New Delhi: The Centre has told the Delhi High Court that the new nursery admission guidelines, issued by the Lt Governor, were "in consistency" with the Right To Education Act as they accorded primacy to neighbourhood schooling and provided 25 percent quota for poor children.

The Human Resources Development Ministry had, however, on November 23, 2010, taken a stand that unaided recognised private schools were free to devise their own admission criteria under the RTE.

In a fresh affidavit filed before Justice Manmohan, the ministry said "the education being a subject on the concurrent list, the state government is within its rights to notify such policies/guidelines as may be necessitated."

"In view of the provisions/clarification of the Right To Education Act, 2009, the order of Hon`ble LG, Delhi on (i) 25 per cent quota seats for EWS and (ii) notification regarding limits of neighbourhood are in consistency with the RTE Act," the affidavit, filed by Jyoti Pahwa, Under Secretary in the HRD ministry, said.

The Centre has sought dismissal of separate pleas filed by Action Committee of Unaided Recognized Private Schools and Forum for Promotion of Quality Education for All, which represent most of the private schools here.
They have challenged the new nursery admission guidelines issued by the Lt Governor on December 18 by which various decisions, including scrapping of 20 per cent management quota, were taken.

LG Najeeb Jung had, in the new guidelines, taken decisions on neighbourhood criteria, which seeks schools to give preference to children living within a radius of 6 km from school, giving maximum weightage with 70 points out of 100 in open category seats.

Later, the LG enhanced the criteria to eight km.

Besides these, the applicants who have sibling studying in the same school will get 20 points and five points will be added by default in the application of girls and wards of school alumni.

Earlier, the private schools opposed the new guidelines saying they take away the autonomy of institutions and the right to choose students on the basis of reasonable criteria.

The schools were refused interim relief of stay of operation of the guidelines by the single judge bench and they later approached the larger bench of the high court and the Supreme Court which also did not grant any relief and, in fact, directed early disposal of their pleas.
Earlier, Padmini Singla, Director of Directorate of Education, had filed the affidavit on behalf of Lt Governor Jung and justified the government notifications, issued on December 18 and December 27, last year, on nursery admission.

"They (schools) seek to gain contrary to the constitutional provisions, statutory provisions, rules, norms, an undue privilege in the garb of autonomy in the matter of right to admit students of their own choice.”

"Commercialisation of education is prohibited; educational institutes cannot be allowed to run as `teaching shops` as the same would be detrimental to equal opportunity to children," the LG had said.

Zee News App: Read latest news of India and world, bollywood news, business updates, cricket scores, etc. Download the Zee news app now to keep up with daily breaking news and live news event coverage.