Allowing unaided private school to frame its own nursery admission norms could result in discrimination

Wednesday, January 30, 2013

The Delhi High Court said that allowing each unaided recognised private school here to frame its own nursery admission criteria would be "unguided liberty or power" to the institution and could result in discrimination among the children.

A bench of Chief Justice D Murugesan and Justice V K Jain said, "Allowing different schools to frame different criteria for admission would be unguided liberty or power."

"Is this not discrimination? Don't make further classification. Don't discriminate between children," the bench told the counsel appearing on behalf of the schools.

The court made the remarks during the hearing of a PIL, filed by NGO Social Jurist, against two notifications issued by the Human Resources Development Ministry and Directorate of Education of Delhi government on the admission issue. The arguments in the case will continue on Jan 30.

The PIL alleged that these two notifications have "given a totally free hand to all unaided recognised private schools to formulate their own nursery admission criteria based on categorisation of children..."

The court also refused to consider the Ganguly committee report which was sought to be submitted by the counsel before the bench.

"We are not going to consider the report," it said, adding that it is only concerned whether the government notification is against the provisions of the Right of Children to Free and Compulsory Education Act and Article 21A of the Constitution which makes education a fundamental right.

"This is only for the interests of the children and not the schools," the court told the counsel who had argued that there cannot be a "common yardstick" for admitting children.