NURSERY ROW - No stay on verdict, but HC will hear new appeal Refusing to stay its earlier verdict on nursery admissions, the Delhi high court, however, agreed to hear in detail an appeal filed by the Delhi government and an NGO. A bench of Chief Justice G Rohini and Justice R S Endlaw said the issue requires detailed consideration and posted the petitions for Tuesday. The bench said the government must clarify if “the order is applicable to this academic year“, even as the Directorate of Education maintained that it has “implications for this year.“ Justice Manmohan had, on November 28, disposed of a batch of petitions challenging the LGs December 18 and December 27, orders from last year by which the points system was introduced. The government has argued that the single judge order is “totally wrong“, “erroneous“ and “against the law“ since it fails to take into ac count the correct legal position and scheme of Article 21 (protection of life and personal liberty) and Article 21-A (Right to Education) of the Constitution, besides laying undue emphasis on the right of schools. “The judge erred to hold that if parents are given freedom to choose school, the good schools would attract more students and not-so-good schools would lose students,“ the appeal says, adding that there cannot be any discrimination, question of autonomy in the matter of admitting children around three years of age in nursery . “Quash and set aside the impugned judgement with all consequential benefits and reliefs,“ the government further argued. The single judge had said the private unaided schools have the fundamental right to “maximum autonomy in dayto-day administration, including right to admit students“.The court had also said that “children should have the option to go to a neighbourhood school, but their choice cannot be restricted to a school in their locality“.
Posted on: Tue, 09 Dec 2014 12:29:37 +0000
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