In another hearing of a PIL filed against the point system followed by private schools for nursery admissions, the Delhi High Court said the validity of the admission process will be subject to its final verdict. But the court did not stay the admission process.
As per the admission schedule, Delhi schools are likely to come out with their first lists within a week.
A bench of Chief Justice D Murugesan and Justice VK Jain has already made it clear that "prima-facie" the present admission criteria of primacy to sibling, first-child, alumni, parents' profession, etc are against the Right to Education (RTE) Act that prohibits any kind of discrimination.
The court has also said that it would not hesitate to quash the 2010 government notification on nursery admission rules if these violated the RTE Act. It also slammed the state government for giving "unbridled power" to the city's private schools to frame their own criteria for nursery admissions. It said the only system permitted by the Act was the draw of lots.
The court was hearing a PIL that challenged the point system being followed by private schools as a "violation of the RTE Act". Petitioner Ashok Aggarwal of NGO Social Jurist told the court that only distance should be allowed as a criteria and students should be selected through draw of lots.
"The Delhi Government notification gives enough free-play to the schools. But the Central government notification on which the Delhi government rules were based had said something else. Right to Education rules stand completely diluted as of now ", said the court.
The quashing is likely to affect the ongoing admission process as the court held, "Students are being selected in accordance with the notification and even if the admission process has begun, the study session begins only in April".