Government orders on nursery admission challenged

Updated on: Wednesday, December 22, 2010

A civil society has moved the Delhi HC seeking adoption of lottery system for admission to nursery classes in private unaided schools on the lines of admission procedure adopted by the Sarvodaya School run by Delhi government or Navyug Schools run by NDMC.

"It is submitted that draw of lots procedure is very scientific, non-discriminatory, transparent, just and fair and there is no legal justification for not adopting the same for the admission of fee-paying children in private unaided schools," said a petition filed by Civil Society Social Jurist.

"It is submitted that the admissions of thousands of children in K G class for last several years in more than 400 Sarvodaya schools run by Delhi government are taking place on the basis of draw of lots. Similarly, the admissions in K.G. class in several Navyug Schools run by NDMC are also taking place on the basis of draw of lots," the petition added.

The petition filed through advocate Ashok Aggarwal sought implementation of the lottery system in nursery admission procedure while challenging the city overnment's December 15 order giving the private unaided schools a free hand for
framing their admission criteria to nursery classes.

"It is submitted that Delhi government has devised a criteria for admission of fee-paying children as per the impugned order which is not only arbitrary, discriminatory, unjust and unfair but also in clear violation of the provisions of the Right to Education Act, 2009," the petition said.

In its petition, Social Jurist contended Delhi government's December 15 order has been issued "illegally" without any force of the law.

The petition has also challenged union government's November 23 guidelines on the basis of which Delhi government says it has issued its December 15 order.

The petitioner had sought quashing of both the Delhi government's December 15 order as well as the Centre's November 23 order, contending that none of them has been issued on any sound legal basis.

"The Delhi government's order dated December 15 is having no legal sanctity. The order is neither under the Right to Education Act, 2009 nor under Delhi School Education Act, 1973, nor it is under any other law," said the petition.

"It is submitted that the impugned December 15 order does not spell out under which provisions of law it has been issued," the petitioner said adding "it has been issued without any authority of law."

Delhi government has issued its order citing the Centre's November 23 guidelines, purportedly under Section 35(1) of the RTE Act, 2009, said the petitioner adding, however, "the union government's guidelines are equally bad in law."

Contending that both the governments' orders are "unjust, arbitrary, irrational, non-transparent and discriminatory as they violate the provisions of RTE Act," the petitioner alleged both the governments have come under the pressure of private schools in giving them free hand to evolve an admission criteria for nursery students.

"Instead of faithfully implementing the progressive and pro-child rights under provisions of the RTE Act, they succumbed to the pressure of mighty private schools lobby," the petition said.

Government orders on nursery admission challenged

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