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Schools move SC against Delhi HC's order

The minority-run schools in the Capital find it difficult to implement the Delhi HC's order on nursery admissions in private un-aided schools, reports Satya Prakash.

delhi Updated: May 14, 2008 02:09 IST
Satya Prakash

The minority-run schools in the Capital are finding it difficult to implement the Delhi High Court’s order on nursery admissions in private un-aided schools. Christian and Muslim minority schools have moved the Supreme Court challenging the November 19, and December 3, 2007, order of the high court approving the Ganguly Committee report on nursery admissions and making it applicable to minority-run schools.

In two separate petitions filed in the Supreme Court, a group of Christian and Muslim minority schools contended that the high court’s order and subsequent notifications issued by the Delhi government violated their fundamental rights under Article 30(1) of the Constitution. According to Article 30(1), “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”

The petitions filed through advocates Romy Chacko and Ambar Qamaruddin also contended that the orders issued by the high court and the Delhi government went against their fundamental right “to practise any profession, or to carry on any occupation, trade or business” guaranteed under Article 19(1)(g) of the Constitution.

The schools that have approached the apex court included, New Horizon School, Carmel Convent School, Don Bosco School, St Francis De Sales Senior Secondary School, Mater Dei School, Mt. St Mary’s School, St Xavier’s School, St Mary’s School, St Columba’s School and St Michael’s School.

A bench headed by Justice B.N. Agrawal on Tuesday asked the Centre, the Delhi government and Rakesh Goel, on whose petition the high court order came, to respond to the petitions filed by minority-run schools. On another petition filed by Forum for Promotion of Quality Education, the court has already issued notices to them on February 19, 2008.

The petitioners contended that the Delhi government’s uniform notifications prescribing admission norms for both non-minority and minority unaided private schools also went against the Supreme Court’s verdict in P.A. Inamdar and T.M.A. Pai cases that recognised their right to establish and administer their educational institutions.

The minority schools sought setting aside of the orders also on the ground that school admission was a policy matter to be decided by the executive.

The court will now hear these petitions along with the other petition filed against the high court’s order after getting the response of the Centre and the Delhi Government.