New Delhi: Refusing to stay the nursery admission process, the Delhi High Court on Wednesday said it would
decide on January 6 whether pre-school admission should be
regarded as entry level in which only a child above the age of
4 years can be enrolled.
A bench of Acting Chief Justice A K Sikri and Justice
Rajiv Sahai Endlaw also directed the Delhi government to file
its reply within three weeks while hearing a plea filed by an
NGO against the city government`s recent order allowing
unaided private schools here to go ahead with the admission of
3+ toddlers in pre-school (nursery) class.
The bench, however, refused to grant stay on the admission
process which is scheduled to start from January 2.
Advocate Ashok Agarwal appearing for the NGO, Social
Jurist, said that the government should not be allowed to
frustrate the collective exercises including of the court in
bringing the guidelines for the nursery admission.
However, it was opposed by the city government which said
that it has done nothing wrong and the guidelines are as per
the law and requested the court to dismiss the plea with heavy
The NGO alleged that the order of the Directorate of
Education (DoE) of Delhi Government was violative of an
earlier judgement of the High Court which said no child below
the age of four years would be admitted for formal schooling.
"The petitioner by the present application is seeking stay
of the Order dated December 16, 2011 of the Govt. of NCT of
Delhi to the extent it permits unaided recognised private
schools of Delhi to conduct admission to pre-school (nursery)
as entry level class in the academic session 2012-13," the
plea, filed through advocate Ashok Agarwal, said.
The NGO, in its PIL, had alleged that the government
failed to prevent "unaided recognised private schools from
admitting children below 4 years age in formal school.
The NGO said the pre-school (nursery) class, where 3+ kids
are being admitted, should not allowed and formal education
should start with the pre-primary class where 4+ kids should
The application said that the Government`s order, passed
on December 16, was issued "in haste and in great disregard to
the orders having been passed by this court in the PIL and
also with a view to frustrate the present proceedings" as the
next date of hearing is on December 21.
The NGO alleged that the government did not bother to wait
for the "outcome of the hearing of the PIL" and allowed the
private schools to conduct admission to pre-school (nursery)
class as entry level class.
As a result, the unaided private schools would continue
with their "pernicious practice of admitting children of 3+
(below 4 years) in pre-school treating it as an entry level
for the academic session 2012-13 and thereafter promoting them
to next class that is Pre-primary class and in the next
academic year of 2013-14," it said.
Earlier, the city government had told the High Court that
it has approved and accepted the recommendations of the
Ganguly Committee report on admission of toddlers.