SC refuses to stay nursery admission, asks HC to hear schools’ pleas on urgent basis

The court said it would not tinker with the admission process since the matter was still to be heard at length by the High Court and that parents should know where they stand with respect to the new guidelines.

“We understand the anxiety of the schools as well as (that of) the parents for their children. But we will not say anything either way right now… The impugned order is in the nature of refusal to grant interim relief, we also do not intend to exercise our jurisdiction… and interfere with that order. Therefore, we reject the Special Leave Petitions,” the bench said.

The bench pointed out that the order under challenge — passed by the Delhi High Court — was only an interim order and the final order on the petitions filed against the Lieutenant-Governor’s new admission guidelines was yet to be passed after hearing all the parties.

“Go on with the admission process. It does not hurt anybody if the matter is taken up by the High Court later for final hearing,” the bench said.

However, the bench allowed the request made by the counsel for the schools to move an application before the High Court for advancing the date of hearing from March 11, and also expedite it.

“We also request the Single Judge to consider and make all endeavour as expeditiously as possible to the hear the petitions in the interest of the schools and welfare of the children,” the bench said,  while allowing a request by petitioners, Action Committee of Unaided Recognised Private Schools, Forum for Promotion of Quality Education for All and some parents.

The court also made it clear that it was not expressing any opinion on the merits of the matter.

On the last date, the bench had commended Delhi’s LG Najeeb Jung for his conscious decision on nursery admission guidelines while refusing to stall the admission process. It had questioned private schools for raising objections on the LG’s notification for scrapping management quota.

The bench had refused to stay the December 18, 2013 guidelines of the LG, which was later confirmed by the Division Bench.