Nursery Row: HC Refuses to Stay LG Notification - The New Indian Express

Nursery Row: HC Refuses to Stay LG Notification

Published: 21st January 2014 08:38 AM

Last Updated: 21st January 2014 08:38 AM

The Delhi High Court on Monday refused to quash a notification on the criteria for nursery admissions in the city, saying any interference at this stage would create confusion.

A Division Bench of Chief Justice N V Ramana and Justice Rajiv Sahai Endlaw dismissed the plea of unaided private schools challenging notification of Lt. Governor (LG) Najeeb Jung, fixing the admission criteria for nursery.

The Bench, in its order, said it would be “detrimental to the interest of children as well as parents” who are seeking admission. The court added: “We are in agreement with the single judge that any interference at this stage would create confusion and would be detrimental to the interest of children and as well as parents of the wards who are seeking admission.”

The nursery admission process, which was to start from January 15, was put on hold after the government told the Bench it “would wait for the court’s decision on the issue before commencing the admission process”.

The Bench also said, “Significantly, the LG’s orders are not challenged by the parents, “who appear to have welcomed the same.”

“The process for admission to schools has already been delayed and the date fixed, on January 15, 2014, for commencement thereof for the current academic year has also passed... The petition has no merit and we dismiss the same,” the Bench said. The private unaided schools appealed against the single-judge order of January 10 which denied any relief to private schools on their plea that the December 18 notification of the LG was “absolutely illegal, arbitrary and without jurisdiction”.

The schools challenged the guidelines by the LG that outlined many criteria including the neighbourhood criteria, which seeks schools to give preference to children living within a radius of six km from school, given maximum weightage with 70 points out of 100 in open category seats.

Later, the LG enhanced the criteria to eight km. Besides these, the applicants who have sibling studying in the same school will get 20 points and five points will be added by default in the application of girls.

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