The HC is hearing petitions challenging a Delhi government’s January 7 notification that made 298 private schools – built on Delhi Development Authority land -- accept admission forms based only on the neighbourhood or distance criteria.
The legal battle over nursery admission norms is likely to escalate as the Delhi government has said that private unaided schools - built on public land - cannot go back on the ‘terms and conditions’ agreed by them while they were allotment of the land.
“The societies or schools have admittedly sought and accepted allotment of huge tracts of land in prime areas of the NCT being fully cognizant of the terms and conditions on which the said allotment is premised, enjoyed the benefit of the said allotment for several decades without demur,” the Delhi government’s affidavit filed before the Delhi High Court said.
The government said, “It cannot now be lawfully contended by them (private unaided schools) at this stage that they are unwilling to comply with the terms thereof…the terms of the allotment are enforceable against the societies or schools till such time as they function out of the land demised to them”.
The HC is hearing petitions challenging a Delhi government’s January 7 notification that made 298 private schools – built on Delhi Development Authority land -- accept admission forms based only on the neighbourhood or distance criteria.
The government also rebutted contention raised by some parents that their rights to admit kids to school of their choice has been taken by the notification.
“All parents and children have complete autonomy and freedom to apply to any school of their choice. In respect of almost more than 80 per cent of the private unaided schools in Delhi, the provisions... do not apply, thus leaving the parents and schools with a large majority of schools to choose from,” the government said.
Two minority schools and two separate groups representing private unaided schools and some parents have challenged the notification. The petitions will be heard by the court on January 19.