In a significant ruling, the Delhi high court said that parents cannot claim nursery admission for their child in the alumni category as a matter of right and it is the discretion of the school.
The court said this while dismissing a petition filed by a toddler who challenged the school’s denial of admission for session 2011-2012 despite his father being alumni of the school. He had tried in the same school last academic year also.
“To expect that the children of every alumnus would get admission in the school is a far fetched proposition and the petitioner cannot be allowed to seek relief alleging the whole process to be arbitrary and not in consonance with the guidelines,” said justice Kailash Gambhir.
Noting that fixing the quota was the discretion of the schools, the judge said, “It is true that the petitioner applied for two consecutive sessions in the alumni category hoping to get admission in the same school as his father studied. It is understandable that the parents want their children to get the same quality education and value system, besides the emotional attachment that they have with their alma mater.”
The boy’s father accused Raghubir Singh Junior Modern School, where his son sought admission for pre-school class, of not holding draw of lots in accordance with rules framed by the directorate of education. Alleging there was no transparency, he said it was not conducted in the presence of parents and all members of admission committee.
But after perusing the evidence on record, justice Gambhir said it is difficult to accede to the contention that the school did not undertake the process of draw of lots in a transparent and fair manner.
“The right to education is undoubtedly a fundamental right of every citizen of the country today and no authority can deprive any child of the same, but at the same time it cannot also be used as a weapon to allege arbitrariness on the part of the school or other authorities,” said the court.