Nursery Admissions: Government Cannot Force Minority Schools, Says High Court
New Delhi:
Delhi High Court while considering petitions filed by two minority schools challenging the January 7 circular of the Delhi government restricting private schools built on public land to admit students only using the neighbourhood or distance criteria said that the "Delhi government cannot bring out notification which is contrary to the Constitution and Supreme Court judgments" and the judge was "inclined to give a complete stay" to the notification with regard to minority schools. And Justice Manmohan who was hearing the case also said that the Delhi Government cannot force private minority schools to follow a circular by Directorate of Education of Delhi government.
When the court was told that neighbourhood criteria was for "public interest", the bench observed, "public interest is also that minorities don't feel alienated at all". "I am prima facie inclined to grant a complete stay as far as minority schools are concerned. You can't take decision at the last moment. Everybody is under pressure now," Justice Manmohan said, adding, "I don't want the students to be under any stress at all".
"...Some time they just pass orders without reading the statutes and judgments (on private minority institutes)," the court said, with the view that minority schools, which have been given more autonomy in its functioning including admission of students, cannot be told to follow the government's nursery circular.
On a January 7 notification, Directorate of Education of Delhi government had said that, Minority schools shall have the right to reserve seats for the students belonging to the minority concerned and the extent of seats reserved and admission procedure to be followed for reserved seats shall be publicized through their websites and notice boards.
The notification then added that the process of admission for the reserved seats shall be fair and transparent. The remaining unreserved seats shall be treated as Open/General Seats and admission to these seats will be conducted on the basis of neighborhood limits set by the government notification regarding the private schools working from the lands allotted by Delhi Development Authorty.
Justice Manmohan was hearing the pleas of Mount Carmel School and Somerville School, along with other pending petitions filed by two private schools groups and some parents. Regarding other petitions, Delhi High Court yesterday asked the Centre to spell out its policy regarding private schools running on land alloted to them by government at concessional rates across the country.
(With input from Agencies)
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When the court was told that neighbourhood criteria was for "public interest", the bench observed, "public interest is also that minorities don't feel alienated at all". "I am prima facie inclined to grant a complete stay as far as minority schools are concerned. You can't take decision at the last moment. Everybody is under pressure now," Justice Manmohan said, adding, "I don't want the students to be under any stress at all".
"...Some time they just pass orders without reading the statutes and judgments (on private minority institutes)," the court said, with the view that minority schools, which have been given more autonomy in its functioning including admission of students, cannot be told to follow the government's nursery circular.
On a January 7 notification, Directorate of Education of Delhi government had said that, Minority schools shall have the right to reserve seats for the students belonging to the minority concerned and the extent of seats reserved and admission procedure to be followed for reserved seats shall be publicized through their websites and notice boards.
The notification then added that the process of admission for the reserved seats shall be fair and transparent. The remaining unreserved seats shall be treated as Open/General Seats and admission to these seats will be conducted on the basis of neighborhood limits set by the government notification regarding the private schools working from the lands allotted by Delhi Development Authorty.
Justice Manmohan was hearing the pleas of Mount Carmel School and Somerville School, along with other pending petitions filed by two private schools groups and some parents. Regarding other petitions, Delhi High Court yesterday asked the Centre to spell out its policy regarding private schools running on land alloted to them by government at concessional rates across the country.
(With input from Agencies)
Click here for Education News
