The Delhi High Court on Friday stayed the Aam Aadmi Party (AAP) Government’s notification fixing four years as the upper age limit for nursery admissions in private unaided schools.
The court stated that the parents of the children did not get enough time to plan the future as the notification was issued on December 18, 2015, on the eve of beginning of the admission process.
The HC’s decision came as another setback to the AAP Government as it came on the heels of the court staying the Delhi Government’s order scrapping management quota and 11 other criteria regarding nursery admissions on Thursday.
The HC also directed that “all children above the age of four years desirous of seeking admission in pre-school/nursery can apply for admissions for the academic year 2016-17 on or before February 9 by 4 pm.”
It asked the Director of Education of Delhi Government to ensure that applications of Economically Weaker Section (EWS) children are accepted online.
“The schools are also directed to accept the admission forms by February 9 and applications already filed shall be considered,” the Bench said.
The Bench posted the matter for April 18 for further hearing. It had on February 2 observed that children or their parents, who may be aggrieved by the AAP Government’s decision to fix four years as the upper age limit for nursery admission in the city schools could approach the court.
The court’s observation had come when the counsel for the Delhi Government agreed to exempt three children, who had challenged its December 18, 2015 notification but sought that the exemption should not be taken as a “precedent for others”.
It observed that as per the Delhi Government’s counsel, the age bar will not apply to three petitioners, Uday Pratap Singh Kapoor, Samridhi Singh and Kamakshi M Prakaash.
The court was hearing a number of pleas by minors, filed through their counsel Akhil Sachar, challenging the Delhi Government’s December 18, 2015 notification fixing the maximum age for nursery in private unaided schools at four years.
As per the notification issued by the Department of Education, the upper age limits for admission in pre-school, pre-primary and class-I has been prescribed at four years, five years and six years respectively as on March 31 of the year in which admission is being sought. The nursery admission process in Delhi schools began from January 1 and will conclude on March 31.
On February 1, the court had asked the AAP Government where it got the power to fix an upper age limit for admission.
It had also observed that the notification, by which the upper age limit was fixed, did not appear to have a legal sanctity as it was not issued by the lieutenant-Governor or under any statute.