Nursery admissions: HC upholds order that restored management quota
The Delhi high court on Wednesday upheld a decision of a single bench judge restoring management quota in nursery admissions in private unaided schools.delhi Updated: Feb 17, 2016 08:22 IST
In a major blow to the Delhi government, the high court on Wednesday upheld a decision of a single bench judge restoring management quota in nursery admissions in private unaided schools.
A division bench of chief justice G Rohini and justice Jayant Nath dismissed an appeal filed by the Delhi government against the single bench order that stayed the government’s January 6 decision which scrapped the management quota saying it was “without the authority of law”.
“As rightly held by the learned single judge, the modification/substitution of the admission procedure for pre-primary classes... can be affected only by way of an amendment to 2007 order,” the bench said. “The lieutenant governor alone is competent to make any such amendment to the 2007 order,” it said.
The HC agreed with the single bench verdict which held that Delhi government’s January order was “a mere executive/ administrative order” which cannot replace the law enacted by the legislature.
“The single judge is justified in arriving at a prima facie conclusion that the order dated January 6, 2016 issued by DoE (Department of Education) is without authority of law,” the bench held.
The government had argued that the practice of granting admissions under the management quota was “non-transparent and opaque”.
Chief minister Arvind Kejriwal on January 6 said the decision to scrap the management quota was taken to bring in more transparency in the admission process, while retaining the provision of 25 percent seats for students from poor families.
Currently, schools keep about 20% seats under the management quota, while 25% seats are reserved for students from the economically weaker sections. The remaining seats are open for the general category.
The DoE had in its appeal contended that its January 6 order “was validly and lawfully” issued to ensure that admissions to entry-level classes like nursery are made in a “fair and reasonable” manner.
It said the “objective was not to deprive private unaided schools of their autonomy, but to ensure that admission to entry level classes are made in a fair, reasonable, rational, transparent and non-exploitative manner.”
T he admission process, which began on January 1, concludes on March 31 with classes expected to begin in the first week of April.