Delhi HC refuses to stop nursery admission process

New Delhi: The Delhi High Court on Friday refused to stop nursery admission process.

The court further ordered that criterion of both government and private schools should be included in admission forms uploaded on their respective websites.

To "avoid any ambiguity" in the nursery admission process, the Delhi High Court today directed the parents to fill up the application forms of various schools based on the criteria set by them as well as the Aam Aadmi Party government.

The court said it was passing the order to ensure that the admission was "not hampered" and added that scrutiny of the application forms would be subject to further orders.

Justice Manmohan also issued a notice to the Directorate of Education (DoE) of the Delhi government, Delhi Development Authority (DDA) and the Lieutenant Governor seeking their replies by January 17.

"To avoid any ambiguity, it is directed that parents shall fill up the forms in the prescribed format and as per the criteria mentioned therein. The format of the form shall contain the criteria (of distance) mentioned in the impugned order of January 7.”

"The scrutiny of the applications shall be subject to further orders," the court said and listed for hearing on January 19 the pleas of two school bodies and some parents, challenging DoE's recent circulars laying down the guidelines for nursery admission for the 2017-18 session.

The schools have also challenged a condition in DDA's allotment letters, giving land to some private unaided schools, under which the institutes have to reserve 75 per cent seats for students in the neighbourhood.

The two circulars of December 19, 2016 and January 07, 2017, have enforced the allotment clause and has thereby restricted admission in schools on DDA land to their locality.

When the matter came up for hearing before Justice Manmohan, after Justice VK Rao recused from hearing it earlier in the day, he said the government's "eleventh-hour schedule upsets everyone".

"We interfere in the matter courtesy you (government), but we become the villains," he said and added the court will now have to give priority to this matter over others like that of an elderly citizen who wants to evict his son.

During the brief arguments, the two school bodies – the Action Committee of Unaided Recognised Private Schools and Forum for Promotion of Quality Education -- said the restriction of admissions to the neighbourhood in private unaided schools on DDA land creates a distinction between such institutes and others.

They said that the personality of a school is determined by the diversity of the students studying there and added that parents and children are not concerned with the allotment conditions imposed on a school. They are concerned with the restriction on their right to choose an institute within their means, the two bodies argued.

The lawyers for the schools and the parents argued that the new guidelines are trying to bring back issues, like the draw of lots, which were excluded earlier by an order of 2007.

The Delhi government said that the distance criteria was a "priority gradation system" where first preference would be given to children within 1 km, then 1-3 km and then, if there was a vacancy, to beyond 6 kms.

It also said there was no restriction, even now, on the parents to apply for admission to any school.

As per the admission schedule of DoE, which was modified after January 7 and made uniform for all schools including those on DDA land, the application process will go on from January 10 to January 31 and thereafter, the applications would be scrutinised.

298 private unaided schools on DDA land were affected by the nursery admission guidelines which state that such institutes "shall not refuse admission to the residents of the locality".

(With PTI inputs)