Giving a free hand to private unaided schools in the capital to frame their own admission criteria for nursery classes this academic session, the Delhi High Court on Wednesday declined the city government’s appeal to restore last year’s guidelines.
A bench of Chief Justice G Rohini and Justice RS Endlaw dismissed the Department of Education’s (DoE) application for an interim stay on a single judge verdict quashing the point-system for nursery admission introduced by the Lieutenant-Governor (L-G). The high court, however, said it will hear the main appeal on merit on January 15, the next date of hearing.
“We would not be justified, in the facts and circumstances of the case, to allow a state of affairs which has been found and declared to be illegal (by the single judge bench), to continue even for a day more, without finding a very strong prima facie case and which at this moment, we do not,” the HC remarked.
On November 28, the court pointed out that the earlier system violated the fundamental rights of the school managements to have maximum autonomy in day-to-day administration, including the right to admit students.
The order allowed schools to set their own criteria according to the 2007 Ganguly committee guidelines.
Demanding that the single judge bench’s order be quashed, the DoE and NGO Social Jurist moved an appeal saying there cannot be any discrimination, question of autonomy in the matter of admitting children around three years of age in nursery.
The DoE contended that the L-G’s guidelines were for the benefit of the citizens of Delhi as it enables the children to get admission in neighbourhood schools. It pleaded to continue with the point-based admission system till the HC comes to a final decision on its appeal.