New Delhi:
The Delhi High Court on Wednesday reserved its verdict on a PIL challenging two government notifications that gave powers to unaided private schools to formulate own criteria for nursery class admissions.
"We reserve the order on the petition. The parties may give their written synopsis within two days," a bench of Chief Justice D Murugesan and Justice V K Jain said after the counsel for the federation of unaided private schools wrapped up his arguments in the case.
Senior advocate N K Kaul, appearing for the federation comprising over 380 private schools as members, said, "the attempt to do away with the principle of maximum autonomy, laid down by the Supreme Court, to be given to private schools would have wide ramifications."
Referring to various case laws, he said that the private schools cannot be forced to "toe" the diktat as far as the admission process is concerned and "at best the admission criteria, laid down by them, should be reasonable."
Another senior lawyer, appearing for the parents of an admission seeking toddler, opposed the PIL saying "the fundamental right to education cannot be enforced against private schools as it is enforceable against the state and its instrumentalities. It is the duty of the state to provide education."
Reserving the verdict, the court said, "we are testing the constitutional validity of the notifications that gave you (schools) the power to formulate criteria. We are also on the applicability of the Right to Education Act in this case."
Earlier, the court had made it clear that its decision on the PIL would also affect nursery admissions for the 2013-14 academic session.
The court is hearing the PIL, filed by NGO Social Jurist, against two notifications, issued by the Human Resources Development Ministry and the Directorate of Education of Delhi government. The notifications gave schools the power to formulate their own admission criteria.
Earlier, Additional Solicitor General Rajeeve Mehra, appearing for HRD Ministry, said the Act stipulates that a child, between the age group of 6 to 14, would be treated as a child covered under the legislation.
The ASG said that he would be filing a "short synopsis" on the issue after getting instructions from the government.
"This is strange. If the nursery admission process cannot be regulated then the purpose of the Act would be defeated as the seats would be filled by the time a poor kid attains the age of six," Ashok Agarwal, counsel for the NGO, said.
Earlier, the court had said if each unaided recognised private school is allowed to frame its own admission criteria then it would amount to "unguided liberty or power" which may result in discrimination against children.
The PIL had alleged that the two notifications have "given a totally free hand to all unaided recognised private schools to formulate their own nursery admission criteria based on categorisation of children..."
However, the categorisations of kids by schools in admission have specifically been barred by the Right of Children to Free and Compulsory Education Act, it said, adding some schools give preferences in admission on grounds such as religion, alumni and sibling.
"We reserve the order on the petition. The parties may give their written synopsis within two days," a bench of Chief Justice D Murugesan and Justice V K Jain said after the counsel for the federation of unaided private schools wrapped up his arguments in the case.
Senior advocate N K Kaul, appearing for the federation comprising over 380 private schools as members, said, "the attempt to do away with the principle of maximum autonomy, laid down by the Supreme Court, to be given to private schools would have wide ramifications."
Referring to various case laws, he said that the private schools cannot be forced to "toe" the diktat as far as the admission process is concerned and "at best the admission criteria, laid down by them, should be reasonable."
Another senior lawyer, appearing for the parents of an admission seeking toddler, opposed the PIL saying "the fundamental right to education cannot be enforced against private schools as it is enforceable against the state and its instrumentalities. It is the duty of the state to provide education."
Reserving the verdict, the court said, "we are testing the constitutional validity of the notifications that gave you (schools) the power to formulate criteria. We are also on the applicability of the Right to Education Act in this case."
Earlier, the court had made it clear that its decision on the PIL would also affect nursery admissions for the 2013-14 academic session.
The court is hearing the PIL, filed by NGO Social Jurist, against two notifications, issued by the Human Resources Development Ministry and the Directorate of Education of Delhi government. The notifications gave schools the power to formulate their own admission criteria.
Earlier, Additional Solicitor General Rajeeve Mehra, appearing for HRD Ministry, said the Act stipulates that a child, between the age group of 6 to 14, would be treated as a child covered under the legislation.
The ASG said that he would be filing a "short synopsis" on the issue after getting instructions from the government.
"This is strange. If the nursery admission process cannot be regulated then the purpose of the Act would be defeated as the seats would be filled by the time a poor kid attains the age of six," Ashok Agarwal, counsel for the NGO, said.
Earlier, the court had said if each unaided recognised private school is allowed to frame its own admission criteria then it would amount to "unguided liberty or power" which may result in discrimination against children.
The PIL had alleged that the two notifications have "given a totally free hand to all unaided recognised private schools to formulate their own nursery admission criteria based on categorisation of children..."
However, the categorisations of kids by schools in admission have specifically been barred by the Right of Children to Free and Compulsory Education Act, it said, adding some schools give preferences in admission on grounds such as religion, alumni and sibling.
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