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Nursery admissions: HC stays Delhi govt order fixing 4-yr age limit for nursery

This was the second blow to AAP government in as many days, as the court had yesterday stayed Delhi government's order scrapping management quota as well as 11 other criteria regarding nursery admissions saying it was issued without any authority and was in conflict with an earlier order of the Lieutenant Governor

By: PTI | New Delhi |
Updated: February 5, 2016 7:45:21 pm
Nursery admissions, delhi high court, nursery admission delhi, delhi government, nursery admission criteria, nursery schools delhi, schools delhi admission The court directed that “all children above the age of four years desirous of seeking admission in pre-school/nursery can apply for admissions for the academic year 2016-17 on or before February 9 by 4 PM

Children above the age of four years can apply for admission in pre-school or nursery classes in private schools here till Tuesday next, with Delhi High Court today staying the government’s order fixing four years as the age limit for entry-level admissions.

This was the second blow to AAP government in as many days, as the court had yesterday stayed Delhi government’s order scrapping management quota as well as 11 other criteria regarding nursery admissions saying it was issued without any authority and was in conflict with an earlier order of the Lieutenant Governor.

A bench of Justice Manmohan, while staying the December 18 notification of Aam Aadmi Party (AAP) government fixing the upper age limit for nursery admissions in private schools, said it had “virtual retrospective effect” and curtailed the right of a child seeking admission.

“The impugned order of December 18 had virtual retrospective effect as the fundamental right of the child to seek admission was curtailed as it was announced just on the eve of start of admission process,” the bench said today.

The court, however, said it was in agreement with the counsel of Delhi government that it should have restrained itself from interfering with the government’s decision taken by the expert body, but parents should have been given more time to plan the future of their ward.

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The court directed that “all children above the age of four years desirous of seeking admission in pre-school/nursery can apply for admissions for the academic year 2016-17 on or before February 9 by 4 PM”.

It asked the Director of Education of Delhi government to ensure that applications of economically weaker section (EWS) children are accepted online.

“The schools are also directed to accept the admission forms by February 9 and applications already filed shall be considered,” the bench said.

The bench posted the matter for April 18 for further hearing. The court further said that parents of the children were taken by surprise as there was no upper age limit prior to December 18, 2014 for years and had they known about the decision earlier, they would have planned for the admissions of their wards.

“The court is also of the view that notification of December 18, 2015 has taken the parents of minor children by surprise and they were unable to plan their future,” the bench said.

The court also took into account the submission that it becomes difficult to get admission in class 1 as schools prefer to promote their own students studying in nursery.

The court was hearing a number of pleas filed by minors or their parents, challenging the Delhi government’s notification fixing the maximum age for nursery in private unaided schools at four years.

As per the notification issued by the Department of Education, the upper age limits for admission in pre-school, pre-primary and class-I has been prescribed at four years, five years and six years respectively as on March 31 of the year in which admission is being sought.

The nursery admission process in Delhi schools began from January 1 and will conclude on March 31.

It had on February 2 observed that children or their parents who may be aggrieved with AAP government’s decision to fix four years as the upper age limit for nursery admission in the city schools could approach the court.

The court had exempted three kids, who had challenged the notification.

On February 1, the court had asked the AAP government from where did it get the power to fix an upper age limit for admission.

It had also observed that the notification, by which the upper age limit was fixed, did not appear to have a legal sanctity as it was not issued by the LG or under any statute.

For more updates on nursery admissions, click here

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