HC stays neighbourhood criterion for minority schools

Minority schools on the Delhi Development Authority (DDA) land are not bound to follow Delhi government’s distance criterion for the time being as the Delhi High Court stayed the notification on Friday. The court cited several Apex Court judgments to safeguard the rights of minority status institutions under the Constitution. 

Justice Manmohan said: “Treat them differently. The right to administer a minority school also contains the right to devise procedures for admission as long as they are fair 0and transparent.”

Expressing his displeasure with the government for issuing notifications at the “11th hour,” the court told the Directorate of Education (DoE) to form an educational policy for nursery admissions, so that in future, notifications could be issued at least six months in advance.

“There is nothing on record to show why the notification was issued at the 11th hour and not in advance. All this creates anxiety for parents whose wards are to be admitted in the current academic year,” Justice Manmohan said.   

The January 7 notification for nursery admissions made it mandatory for private unaided schools, including minority schools, on the DDA land to admit students in the unreserved category on the basis of the neighbourhood criterion. 

The notification gave priority to those living within a radius of 1km. In case seats are available, those living within a 3km radius will also get a chance. The rule affected as many as 298 schools, including 15 minority-run schools. 

“Prima facie, the Delhi government notification dated January 7, 2017, is contrary to the Constitutional mandate. This court is of the view that the fundamental right of minority schools cannot be interfered with and their right to admit students cannot be taken away. Minority schools have the right of maximum administration, which cannot be taken away by any terms of contract,” Justice Manmohan added.

Noting that the minority schools have been given more autonomy on how they run and function, including admission of students, the court said they cannot be told to follow the government’s nursery circular. The judge further said the government cannot interfere with the administration of minority schools, except on the ground of mal-administration. 

Reacting to the court order, Education Minister Manish Sisodia came down heavily upon private schools. “The kind of arguments being given by some private schools suggest that their business of selling seats is being affected by the DoE guidelines,” he tweeted.

In a series of tweets, he added: “Everyone knows that many private schools built on government land sell nursery seats for Rs 10-15 lakh. I am fighting for the parents against these teaching shops. I am strictly against these schools selling seats,” he said. “If the schools want to earn profit, they should stop selling education and start selling jalebis,” he added. 

The court is hearing cases filed by private unaided schools over applicability of the government notification. As many as 1,400 schools in the national Capital started the process for nursery admissions on January 2. Forms can be submitted till January 31. The date may change depending on the speed of the trial.