The Delhi High Court is likely to pronounce its verdict on Tuesday on a PIl challenging Government notifications giving powers to unaided private schools to formulate their own criteria for nursery class admission. A bench comprising Chief Justice D Murugesan and Justice VK Jain is expected to deliver the judgement on Tuesday morning on the PIl of NGO Social Jurist filed against two notifications issued by the Union Human Resources Development Ministry and the Delhi Government.
It was alleged in the PIl that the notifications negated the Right of Children to Free and Compulsory Education Act (also known as RTE Act) as the private unaided schools were allowed to formulate their own criteria for nursery admission.
It also amounted to favouring a child over another on various grounds such as alumni and sibling by categorising them, the petition said. The verdict will assume significance in the backdrop of the Centre's contention that the RTE Act is not applicable to nursery admission and the city Government can make its own policies. Additional Solicitor General Rajeeve Mehra, appearing for HRD Ministry, had said the RTE Act provides for 'free and compulsory elementary education' for children aged between 6 and 14 years and the State Government is free to make rules for pre-school education for kids below 6 years.
However, Ashok Agarwal, counsel for the NGO, had opposed the contention, saying that it would virtually negate RTE Act as no seat would be left for six-plus kids.