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This is an archive article published on September 26, 2013

HC gives govt 3 months to amend nursery admission rules to bring them within RTE

The Delhi High Court on Wednesday gave the Delhi government three months’ time to decide on the necessary amendments to the Department of Education order on nursery admissions

The Delhi High Court on Wednesday gave the Delhi government three months’ time to decide on the necessary amendments to the Department of Education order on nursery admissions to bring it within the parameters of the Right to Education Act and ban screening of students for admissions.

The bench of Chief Justice N V Ramana and Justice Manmohan disposed of the plea filed by advocate Ashok Aggarwal,on behalf of NGO social Jurist,for the amendment of Clause 14 of the Recognized Schools (Admission Procedure for Pre-Primary Class) Order,2007,to bring it in line with Section 13 read with Section 2(o) of the Right to Education (RTE) Act,2009,which prohibits screening of children for admissions.

According to the plea,a government order in 2007 had given freedom to private unaided recognised schools to frame their own guidelines for nursery admissions.

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“By giving a free hand to the capital’s private unaided recognised schools to formulate their own guidelines for nursery admissions,the government has violated Section 13 read with 2(o) of the Act,” the plea stated.

The lawyer said a bench of the Delhi High Court in February had observed: “Though we have held that RTE Act is not applicable to nursery schools,in our opinion,there cannot be any different yardstick to be adopted for education of children up to the age of 14 years,irrespective of the fact that it applies to elementary education”.

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