The Delhi High Court on Wednesday sought the city Government’s response to a PIl seeking directions to formulate fresh guidelines for nursery admissions in tune with the RTE Act, which prohibits screening of children in admission at entry level (Class-I). A bench of Chief Justice D Murugesan and Justice Jayant Nath issued notices to the Delhi Government and the lieutenant Governor and sought their responses on a PIl filed by social jurists through counsel Ashok Aggarwal, who alleged that the Delhi Government has given free hand to schools, to lay down the procedure of admission to nursery and primary classes.
The counsel said the RTE Act prohibits screening of children for admission at the entry level (Class-I) whereas the Delhi Government has framed guidelines in 2007 under the Delhi Education Act and given freedom to the schools to have their own procedure for admission in nursery and primary classes. “In view of the scheme of the RTE Act, prohibiting screening of children in admissions, the Government is not legally empowered to permit the unaided recognised private schools to formulate their own nursery admission criteria. Any such permission would only defeat the object and purpose of Section 13 read with Section 2 (o) of the Act,” the plea said.
The counsel also referred to the court’s observation over the issue in a PIl relating to admissions under the RTE Act in February, 2013. Seeking Amendment in the 2007 notification of Delhi Government, the plea said, “Because the free hand given to the schools by the impugned 2007 order is not only open to misuse but is also in reality being grossly misused by the schools....,” the plea said.