The verdict, which does not affect the ongoing nursery admission process in the national capital, however, clarified that the RTE Act would deal with 25 per cent reservation for toddlers of weaker sections in admissions to "pre-elementary" classes including the nursery.
"Considering the provisions contained in Article 21-A (Right to Education) of the Constitution and the scheme of the Right of Children to Free and Compulsory Education Act, ... there is no escape from the conclusion that as far as the private unaided schools referred in ... The said Act are concerned, the provisions of the Act, except the admission to the extent of 25 per cent of the strength of the class, to the children belonging to the weaker sections and disadvantaged group, do not apply to admissions made to the pre-elementary (pre-school and pre-primary) classes of such schools," a bench of Chief Justice D Murugesan and Justice V K Jain said.
Disposing PILs filed by NGO Social Jurist and Delhi Commission for Protection of Child Rights, the court refused to quash notifications of Union Human Resources Development Ministry and Directorate of Education, saying that like RTE, they also do not apply to nursery admissions.
The court, in its 33-page verdict, allowed the plea of the Centre that the RTE Act is applicable to children between the age group of 6 to 14 only and that the states were free to formulate policies to govern nursery admissions.
It, however, asked the Centre to consider amending the Act to include nursery education as well, saying that the schools cannot be allowed to run as "teaching shops" as it would be "detrimental to equal opportunity to children".
The court said, "We hold that the guidelines issued by government of India and the order issued by government of NCT of Delhi under the RTE Act do not apply to 75 per cent of the admission made to pre-elementary (pre-primary and pre-school) classes by private unaided schools, though they do apply to the remaining 25 per cent admissions made by such schools to such classes ..."
Though the bench allowed Centre's plea that the RTE Act does not apply, it sought an amendment to bring the nursery admission also under the ambit of the legislation to ensure equal opportunity for toddlers.
"Though we have held that Right to Education Act is not applicable to nursery schools, 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, as in many of the states admissions are made right from the nursery classes and the children so admitted are automatically allowed to continue from class-I.
"In that sense, the provisions of Section 13 would be rendered meaningless insofar as it prohibits screening procedure at the time of selection," it said.
Parting with the judgement, the bench said, "It is common knowledge that though there is obligation on the state to provide free and compulsory education to children and the corresponding responsibility of the institution to afford the same, educational institution cannot be allowed to run as 'teaching shops' as the same would be detrimental to equal opportunity to children."
The bench said it hoped that the government would take its observations in "right spirit" and "act" to amend the law to bring nursery education under the ambit of RTE Act.
New Delhi: In a landmark verdict, the Delhi High Court on Tuesday held that the Right to Education (RTE) Act and subsequent government notifications are not applicable for nursery admissions in unaided private schools.
First Published: Tuesday, February 19, 2013, 16:53