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RTE Act doesn’t apply to nursery admissions: HC
Tribune News Service

Allowing a plea of the Centre that stated that RTE wasn’t applicable to nursery admissions and that states were free to formulate policies to govern admission norms, the court ruled the nursery admissions in the Capital were to proceed without any changes.

The court upheld two notifications of Union Ministry of Human Resources Development Ministry (MHRD) and the Directorate of Education (DoE) of the Delhi Government, dismissing a petition by NGO Social Jurist that challenged these notifications that gave powers to unaided private schools to formulate their own criteria for admission to nursery.

The Bench comprising Chief Justice D Murugesan and Justice VK Jain, however, “suggested” that the MHRD should consider bringing nursery admissions under the Right to Education. “If the issue of pre-school admissions is not included under the RTE Act, it would render the law meaningless”, the court said.

In December 2012, the Delhi government had empowered private schools in the city to formulate their own admission criteria following which many parents had turned to the Department of Education alleging that schools were dictating admission terms at their whims and fancies. This led to a PIL seeking scrapping of the point-based system of admissions. Parents alleged private schools dictated terms on allotting points in specific categories like age, prior siblings and distance from the school.

The PIL was opposed by a panel of private schools saying the private institutions cannot be forced to “toe” the diktat so far as the admission process is concerned.

“These notifications negate the RTE Act as the unaided recognised private schools were given a totally free hand to formulate their own nursery admission criteria based on categorisation of children…The categorisations of children in admission have specifically been barred by the RTE Act, however, schools still give preference in admission on grounds such as religion, alumni and sibling,” said the petition.

Private schools have heaved a sigh of relief with the verdict. A section of parents, however, seemed disappointed.

“The court’s suggestion to include nursery under RTE is a need of the hour. Till that happens, the arbitrary practices by private schools will continue during admission process,” said Ria Khandelwal, a parent.