The government baffles me at times. Some times, they just pass orders without reading the statutes and judgments (of the Supreme Court on private minority institutes).
The Delhi High Court (HC) on Thursday questioned the Delhi government's last-minute notifications on nursery admissions. While hearing a batch of petitions related to the state government's latest notification on the neighbourhood clause, the HC asked the Directorate of Education (DoE): "Why do you bring out notifications at the 11th hour?"
"The government baffles me at times. Some times, they just pass orders without reading the statutes and judgments (of the Supreme Court on private minority institutes). You cannot bring out a notification that is contrary to the Constitution and Constitution Bench judgments," Justice Manmohan said, specifically with respect to the non-applicability of the neighbouhood clause in unaided private minority schools.
He added: "I am prima facie inclined to grant a complete stay as far as minority schools are concerned. You can't take a decision at the last moment. Everybody is under pressure now. I don't want students to be under any stress at all."
Appearing for DoE, Additional Solicitor General (ASG) Sanjay Jain submitted that minority schools were at liberty to decide, and only "after admitting minority students, we want them to apply the neighbourhood criterion on whatever seats are left."
Counsel for the state government concurred with Jain and told the court that they have left the decision to minority schools. The judge, however, observed: "It is contrary to the law and the Constitution. I am of the prima facie view that this is covered by the Constitution Bench judgments. You are missing the point that even in the RTE Act, Constitution Bench has said it will not apply to minority institutions."
In what has become an annual show at the HC, the court heard the petitioners at length. The pleas filed by associations, including the Forum for Promotion of Quality Education and the Action Committee Unaided Recognised Private Schools, and parents challenged the DoE circular that issued admission guidelines for 298 private schools on the DDA land. The guidelines stated that the schools on DDA land "shall not refuse admission to residents of the locality".
It means students living within one km of the school will be given priority. Those living within 3 km would be next in line. "Students living beyond 6 km will be admitted only in case the seats remain vacant," the guidelines stated.
The affected schools have contended that enforcing the 30-year-old clause in the DDA allotment letter would result in reducing world-class educational institutions to neighbourhood schools.
Meanwhile, the court further asked the Centre about its policy regarding private schools running on land allotted to them by the government at concessional rates across the country. The notice was issued to the Ministries of Human Resource Development and Urban Development, seeking their reply in the matter. The court also wanted to know the stand of DDA and Land and Development Office on this issue.
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.
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