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HC upholds stay on distance criterion for nursery admissions

Also, according to the guidelines, students living within one km of the school would be given priority

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In yet another blow to the Aam Aadmi Party (AAP) government in the Capital, the Delhi High Court (HC) on Monday dismissed their appeal to uphold the neighbourhood criterion for nursery admissions, and continued the stay on the decision.

Dismissing the petition, a Division Bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal also directed the Single Bench "to dispose of the main writ petitions as expeditiously as possible".

Observing that the admission process has already commenced, if implemented, the neighbourhood criterion would lead to an "irreversible situation", the court found that there was no "justifiable reason" to interfere in the matter.

"Since the issue relates to the admission of children in entry-level classes, if the impugned notification (neighbourhood criterion) is allowed to be acted upon, it would lead to an irreversible situation, and, in case it is ultimately quashed, the consequences would be very complex and serious. Instead, we are of the view that the implementation of the impugned notification, which seeks to regulate the admissions in only 298 schools, can await the final result of the writ petitions," the court observed.

Earlier on February 14, Justice Manmohan had put a stay on the neighbourhood criterion introduced by the Delhi government in nursery admissions, stating that "a student's educational fate cannot be relegated to his or her position on a map".

Appealing against that decision, the Delhi government had said that in the absence of the neighbourhood criterion, schools will accept admission in an arbitrary and opaque manner, and even justify charging exorbitant fees.

In what has become an almost annual feature at the HC, school associations and parents had challenged the Directorate of Education (DoE) circular, which issued admission guidelines for 298 private schools on the Delhi Development Authority (DDA) land. The guidelines stated that the schools "shall not refuse admission to residents of the locality".

Also, according to the guidelines, students living within one km of the school would be given priority. If seats were still available, preference would be given to those residing within 3km.

The single judge had ordered an interim stay on the January 7 notification, till the final disposal of the pleas challenging the Delhi government order.

The two associations, representing the schools and the parents, had accused the Delhi government of "discrimination" as the neighbourhood criterion had been applied to only 298 schools, and not been made mandatory for 1,400 other schools in the city.

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