Nursery admissions: Delhi High Court stays government decision to scrap management quota

The court in his interim order said that the government's decision was also in contravention of the Lieutenant Governor's 2007 order on nursery admissions in private unaided schools.

Written by Aneesha Mathur | New Delhi | Updated: February 5, 2016 1:33 am
Delhi, Delhi high court, nursery admission, management quota in nursery schools, AAP govt, Delhi govt nursery admission, private schools, quota in private schools in Delhi, delhi news, ncr news, india news, latest news The court clarified that the observations made and the view taken by it are only “prima facie” and not final. (Source: Express file photo)

The Delhi High Court Thursday issued a stay on the Delhi government’s order to abolish “management quota” in nursery admissions in private unaided schools, while observing that the order was “prima facie without any authority”.

This leaves schools free to create their own admission criteria for this year.

However, the court clarified that the January 6 order of the Directorate of Education (DoE) has not been struck down and merely been stayed till final disposal of the petition.

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“Rule 145 of (Delhi School Education) Rules, 1973, states that the head of every recognised unaided school shall regulate admissions in their school. Consequently, it was held that private unaided schools have maximum autonomy in day-to-day administration, including the right to admit students,” said the bench in its order.

The bench of Justice Manmohan said the schools had agreed to defend only 11 specific criteria to be adopted under management quota. It also said the DoE could take action if a school was found “misusing” the quota.

It added that “prima facie there is nothing in the 11 criteria which would show that they are unreasonable or based on whims and fancies and/or they can lead to maladministration”.

The 11 criteria permitted by the bench includes qualification of parents, their proficiency in fields such as sports, music, social work, as well as points for first born child, gender specific points and for adopted children and twins.

Commenting on the legality of the office order issued by the DoE, the bench noted that prima facie view indicated it was “in direct conflict” with the order issued by the Lieutenant Governor which had allowed management quota in nursery admissions.

“This court is of the prima facie view that Article 239AA(3)(c) of the Constitution of India would be attracted to the present case,” said the bench. It added that management quota had been recommended by the Ganguly Committee — formed by a division bench of the high court — and “accepted and approved by the GNCTD in its 2007 order”.

“The same has been implemented from November 24, 2007 to December 18, 2013. Even the office order dated December 18, 2013 issued by the Lt Governor seeking to delete management quota was quashed by judgment dated November 28, 2014,” said the court.

It held that “at this stage, deletion of management quota by way of an office order is impermissible in law”.

The court again said the opinion given in the judgment was “only a prima facie” one and should not be seen to affect the hearing on the larger legal issue which will now be heard in April.

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  1. A
    anil kumar
    Feb 5, 2016 at 4:24 am
    What about sibling and aluminium criteria...
    Reply
    1. R
      Raj
      Feb 5, 2016 at 6:59 am
      So according to you the deserving should not join private schools ? Only if you satisfy the greedy demands of private school management should one think of admitting their kids isnt it ?
      Reply
      1. C
        Col S
        Feb 5, 2016 at 3:59 am
        Back to TRAP and MONEY influence. Eve11 items are subject to ABUSE. JUDICIAL WISDDOM must help in devising FASIR system. HC must distance from DUCH demands of RICH school.
        Reply
        1. S
          Skoolfi India
          Aug 16, 2016 at 7:49 am
          Admissions open for all junior cles, in lotus Valley, St. Xavier’s, HDFC, Shalom’s Presidency, Kunskapsskolan, Amity Global, Shalom Hills, and many other schools in GURGAON. lt;br/gt;For more information on admission details, fee structure and eligibility criterion visit: lt;br/gt;And for future updates visit our fb page:
          Reply
          1. D
            datharam gambhira
            Feb 5, 2016 at 1:56 pm
            some of the comments are so stupid , I cant understand what the logic is. lets face it school is a business and privet unaided schools run a business and they have the full right to take any students they want. Delhi government can purchase the seats form the schools management and give it to any one of their choice. how is a privet business supposed to make money is government does not allow them to work freely. this is murder of justice and inexcusable. in developed nations most citizens study in government schools. Delhi CM should improve the quality of government schools. such blind hatered that one can not even see logic.
            Reply
            1. D
              Dinesh Singh
              Feb 4, 2016 at 2:05 pm
              Becuase Modi did not give 15 lakhs to every body in Delhi. Kejriwal was thinking no problem, Modi will give 15 lakhs and everybody can pay donations bribes etc. to schools. But Now Arvind and all the parents are disaapointed so he is making a lot of schools with aditional 20,000 cl rooms.
              Reply
              1. D
                Dinesh Singh
                Feb 4, 2016 at 2:09 pm
                Do you know construction for how many schools AAP government has already started? It has been just 10 months for them. Building schools will take some time. Just wait. these private schools will come on ground before the 5 year term. It was to help parents until quality schools are ready.
                Reply
                1. M
                  Mayur Panghaal
                  Feb 5, 2016 at 10:09 am
                  SEBI can regulate stock markets but nobody can regulate Schools and colleges.Wow.What logic
                  Reply
                  1. M
                    Mayur Panghaal
                    Feb 5, 2016 at 6:15 am
                    DGCA can suspend air crew for allowing Sonu Nigam to sing in flight.IRDA can regulated Insurance companies.Similarly other agencies can regulate other pvt companies operating in India...but High Court doesnt want any regulation on Private schools ? Why ? are they the law unto themselves ?
                    Reply
                    1. M
                      Mayur Panghaal
                      Feb 4, 2016 at 1:25 pm
                      Kangaroo courts are running the country.Special leave peion should be filed immediately by Delhi govt.Parents shd come on streets and demonstrate.But knowing Modi and his habits,we will have to suffer for next 3 years.
                      Reply
                      1. M
                        Mayur Panghaal
                        Feb 4, 2016 at 1:07 pm
                        The day courts start ruling against Private education mafia will be the day when I start believing that law exists in this country.The Delhi govt shouldve shown the affidavit which the schools sign before they are given permission to operate that affidavit they clearly state that they will follow all rules imposed by the education dept of the govt and other authorities. If High court is telling govt to go as per law,under which law gives pvt schools to operate under arbitrary criteria ?? Why did the court not ask schools how they would put all thesse quotas into fair practice ?? The consution does not give any right to discriminate.No education insute can be run for profit.What is this country coming to ??
                        Reply
                        1. R
                          Rajeev
                          Feb 4, 2016 at 5:15 pm
                          This is a weird observation by court,where will children of judges go if there is no management quota,where will children of politicians go,actually judges are part of management committee of rich people
                          Reply
                          1. R
                            raj
                            Feb 5, 2016 at 6:12 am
                            BIG BLOW TO KEJARIWAL ...shame on Indian express...they put so mild head lines. In case of UPA and NDA governments, they use to put crazy headline....Now what happned. Shekhar gupta/ Goenka .....any relationship with KEJRI and family. Hmmm???
                            Reply
                            1. S
                              SEWA RAM
                              Feb 4, 2016 at 12:45 pm
                              Management quota is nothing but private of seats to selected rich. The Court ought to have considered the plight of ordinary citizen who aspire to enter their children in private schools but cannot enter due to various quotas. The Govt. order is set aside merely because the LG has not issued notification for the order. It is AAP vs BJP fight and rich are enjoying in the name of management quota. -- SEWA RAM
                              Reply
                              1. M
                                MP Singh
                                Feb 4, 2016 at 12:18 pm
                                The corruption in India is so deep-rooted that sometimes even the Judiciary appears aiding it. The Delhi Government's order appears logical to root out corruption in the private unaided schools where the admissions are taken as a matter of right by the management and in that process, in fact, they run a corruption racket. Why should Judiciary interfere in support of such corruption rackets? How can there be any reform if every corrective step against corruption is challenged in a court of law and the court supports the challenge? India's democracy is the victim of judicial activism even in corruption cases. We have to discard corruption and corrupt practices fully and openly and there should be no hearing against them.
                                Reply
                                1. V
                                  V B
                                  Feb 4, 2016 at 1:14 pm
                                  If it is not LG, it is Modi, if not Modi it is the court. Nobody lets him do anything in or for Delhi. He can only deliver anything if all others are closed down or shunted out!
                                  Reply
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