The Delhi High Court on Monday refused to stay nursery admission guidelines, saying “the appellants (school managements) have not been able to satisfy us of any irreparable loss and injury to them from the non-grant of the interim order sought’’. Dismissing the plea for relief, a Division Bench of Justice N.V. Ramana and Justice Rajiv Sahai Endlaw asked the Delhi Government to forthwith notify a new date for commencement of the admission process as it was kept in abeyance during pendency of the matter.
“The National Capital Territory of Delhi is to now forthwith notify a new date for commencement of admission process,” the Bench said. The Action Committee Unaided Recognised Private Schools and the Forum for Promotion of Quality Education for All have challenged in an appeal a Single Bench order refusing to decline to stay the admission guidelines.
“We are further in agreement with the learned Single Judge that any interference at this stage would create confusion and would be detrimental to the interests of children as well as parents of the wards who are seeking admission. Significantly, the impugned orders are not challenged by the parents who appear to have welcomed the same,” the Bench said.
The petitioner sought setting of the guidelines, arguing that the Lieutenant-Governor office did have the power to frame them.
Dismissing the argument, the Bench said: “Though undoubtedly the Honble Lt. Governor issued the impugned orders without waiting for formation of the new GNCTD but the GNCTD, by defending the challenge to the impugned orders, has shown its support.’’
According to the guidelines, admissions to nursery will be given on the basis of only four criteria, “neighbourhood up to 8 km, sibling studying in the school, parent alumni in the school and in inter-transfer case.”
The neighbourhood criterion has been given the maximum weightage of 70 out of 100 points in the open category seats. The management quota has also been abolished under the new guidelines.
On the abolition of the management quota under the new guidelines, the Bench said: “We have also enquired from the senior counsels for the appellants as to how deprivation for admission through the management quota causes loss to the schools. The schools are not entitled to charge any capitation fee or any excess amount from the students admitted through the management quota also.’’
“Though the management quota has been recognised in several judgments but in relation to admission to professional courses, where merit is a criteria. It is not so here. We are thus not satisfied of any loss, least irreparable loss to the appellants from being denied admission to 20 per cent of the seats through management quota also.”
“There is no merit in these appeals, which are dismissed,’’ the Bench stated.