Delhi Govt Threatens To Take Over Modern School, DPS Among Others If They Fail To Refund 'Excess Fee'

The Delhi government told the Delhi High Court that it was ready to take over the management of 449 private schools in the city. These schools, the government alleged, have failed to follow the recommendations of the Justice Anil Dev Singh Committee and refund the 'excess fees' they had charged to the parents of the pupils.

The Directorate of Education filed an affidavit at the Delhi High Court saying the government has sent show cause notices to these schools. The schools are required to come up with a satisfactory response within two weeks, else, the government will take over the management of these schools.

Hindustan Times quotes from the affidavit: "The department has already processed the proposal to issue show cause notices for taking over the management of schools under section 20 read with section 24(4)(c) of the Delhi School Education Act, 2009 and placed it before the Lieutenant Governor, being the competent authority, for approval...."

The Justice Anil Dev Singh Committee For Review Of School Fee was set up following directions of the Delhi High Court. The committee was supposed to review fee structures of schools in Delhi and came out with a series of interim reports in 2016. In a couple of these reports, the committee had suggested that schools return the excess fees they had charged to the parents with a 9 percent interest on the amount.

The Indian Express reports: "Of the 544 schools, 469 were asked to refund the money while 75 schools were inspected and then asked to refund the money. Sixty-seven schools challenged the committee's recommendations, of which 17 cases are being heard in court."

The article states that the government made this move after a Delhi-based NGO filed a petition alleging that the Directorate of Education has failed to implement the recommendations of the committee.

The Times of India reports that among the schools the government intends to take over, some are the popular ones where the city's rich and the famous like sending their children to. "The list of 449 schools furnished to the court includes the names of DPS (Mathura Road), Springdales (Pusa Road), Sanskriti, Modern (Barakhamba Road) and Amity International (Saket)," the report states.

AAP's Atishi Marlena, advisor to education minister Manish Sisodia, told The Indian Express that they have already sent a file comprising their proposal for clearance to the lieutenant-governor Anil Baijal and had no option because the schools were refusing to fall in line.

The Delhi HC, The Times of India reports, however, wasn't exactly amused by the government's proposal. One of the concerns they raised about the government's proposal was whether the Directorate of Education had even a handful of people skilled and trained to run school management bodies. If it didn't, how did it plan to execute this 'take-over' of more than 400 schools?

A bench comprising Justices Siddharth Mridul and Najmi Waziri wondered aloud if the government was pulling a 'bluff' or was genuinely interested in the issue.

source: huffingtonpost.in

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indianexpress.com/article/education/can-take-over-pvt-schools-that-havent-refunded-excess-fee-says-delhi-govt-4800151/

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Delhi High Court Refuses To Direct Private School To Admit Kids Under EWS Quota - Nursery Admissions Delhi-NCR

The Delhi High Court has refused to entertain a plea seeking a direction to an unaided private school to admit two children under the Economically Weaker Sections (EWS) category after taking note of their certificates to this effect.

The Delhi High Court has refused to entertain a plea seeking a direction to an unaided private school to admit two children under the Economically Weaker Sections (EWS) category after taking note of their certificates to this effect.

A vacation bench of Justices Manmohan and Yogesh Khanna said it cannot issue such a direction on a plea of a third person but may entertain a petition of their parents.

The court said it had decided similar cases in past in which large number of parents procured fake EWS certificates to obtain admissions in nursery for their wards.

It said that though its order had gone against the errant parents for procuring fake certificates to get admission, it, however, had persuaded the Directorate of Education (DoE) of Delhi Government to allow the admitted kids to pursue their studies as they were not at fault.

"With great difficulty, we had persuaded the department (DoE) not to cancel their (children with fake EWS certificate) admissions," the bench said.

The court's observation came during the hearing of a plea by a young woman seeking a direction to a private unaided school to admit the two kids in nursery on the basis of EWS certificate.

She also told the high court that the parents had sought help of the area MPs and MLAs in this regard, but to no avail.

The bench said that if the parents can approach MPs and MLAs, why can't they come to the court.

"Let the parents approach this court, we will certainly look into it," the bench said, adding that the petitioner has "no locus" to argue the matter.

Delhi has close to 1.25 lakh nursery seats up for grabs for around 1.5 lakh applicants. Every school is required to reserve 25 per cent seat for students from the EWS category.

Source: ptinews.com

Delhi government challenges nursery admissions order - Nursery Admissions Delhi 2017-18

The AAP government on Thursday approached the Delhi High Court, challenging a single-judge order that stayed its nursery admissions notification compelling 298 private schools, built on public land, to adopt only neighbourhood criteria.

Filing an appeal before a division bench, Delhi government contended that the single judge was wrong and erroneous and sought setting aside of the February 14 order.

Justice Manmohan in his February 14 order said Delhi government’s January 7 notification was “arbitrary and discriminatory”.

The notification issued by the Department of Education of Delhi government had made “distance” the primary criterion for admission of tiny tots.

The court had questioned the Delhi government’s decision to impose the neighbourhood restriction to only those schools that are built on Delhi Development Authority land.

The notification accorded priority to students living within a radius of one km from the school concerned. In case the seats remain vacant, those living within a distance of 3 km will get the chance for admission.

There are 1,400 private unaided schools in the capital, of which 298 are built on land allotted by the DDA.

The court’s judgement came on petitions filed by two school bodies — the Action Committee of Unaided Recognised Private Schools and Forum for Promotion of Quality Education along with a few parents to challenge the guidelines.

Earlier, the high court stayed the government’s nursery admission notification that made it mandatory for private unaided minority schools to admit students, in the unreserved category, on the basis of neighbourhood criteria.

source:newsx.com

Nursery Admissions Issue- A race against time.....

"It is a race against time," was how the  Delhi High Court on Tuesday observed while referring to the "tight schedule" before which it has to decide on the pleas challenging the Delhi government's notifications on neighbourhood criteria for nursery admission.Justice Manmohan was referring to the deadline of February 14 for submission of nursery application forms in Delhi schools.
The court heard the arguments by petitioners, including section of parents and two school groups challenging the Delhi government's December 19, 2016 and January 7 notifications that made 298 private schools, built on Delhi Development Authorityland, to accept nursery forms based only on the neighbourhood or distance criteria.
HC asked the schools if their challenge to the notification can be "bifurcated" so that the issue of land allotted by DDA and the neighbourhood criteria could be argued separately.
The school's advocate replied that the issue can be bifurcated since due to the new circulars, a fresh ground of discrimination between two school groups has cropped up.
The school body also alleged that the government has "discriminated" among schools as the neighbourhood criteria has been applied against only 298 schools while it has not been made mandatory for the other 1,400.
"If the issue of children going to 1,400 schools is not a matter of concern for the government then why is it a concern for students of 298 others? Why only 298 schools have been subjected to this kind of treatment? It is nothing but arbitrariness and discrimination," the lawyer said.
The school association argued that interest of 298 schools has to be safeguarded and being the government, it should not discriminate between students, more so, when there is no definition of neighbourhood criteria in the letter allotting land to the schools.
On Monday HC asked the Centre to explain its stand with regard to the neighbourhood norm. It had also directed the government to show the copy of allotment letters on the basis of which neighbourhood criteria was imposed.
The two school groups — Action Committee of Unaided Recognised Private Schools, Forum for Promotion of Quality Education — and parents have contended that these circulars are bad in law and have curtailed their fundamental laws.

source:timesofindia.indiatimes.com

Sell jalebis, instead of nursery seats, says Manish Sisodia - Delhi Nursery Admissions 2017-18

Every year, the nursery admissions create a lot of hue and cry.

Following the schedule, this year, the admission process began on January 2 in around 1,400 private schools in Delhi-NCR and is scheduled to close by March 31.

While commenting on the Delhi High Court putting a stay on a city government notification that made it mandatory for private unaided minority schools to admit kids in nursery under the unreserved category and on the basis of neighbourhood criteria, Delhi Education Minister Manish Sisodia on Friday lashed out at private schools in the city, saying those who wanted to 'sell' nursery seats should sell 'jalebis' instead.

More about government's nursery admission criteria:

• With government releasing the notification for 298 private schools, which are built on DDA land, it is mandatory for schools to give priority to applicants who live within 1-6 kilometre radius of the school as their land allotment letters mandate it

Further, the government waived off the management quota, which was 20 per cent last year

Here's why schools approached the court:

Recently, few schools, including minority institutes, went to the court against the direction, saying it violated their autonomy.

What did the court say?

• Justice Manmohan said: "This court is of the prima facie view that minority schools are entitled to admit students in their own manner as long as there is no mismanagement." While granting the interim stay, the court noted that the government cannot interfere in the day-to-day functioning of the minority schools including their right to administer and admit students.

• Meanwhile, giving a sigh of relief to parents, Sisodia in recent Indian Express report said, "I am fighting for the parents who fall prey to these teaching shops."

Furthermore, in the middle of admissions, a well-known Delhi school has denied admittance to parents having more than two kids.

source: www.indiatoday.intoday.in

Supreme Court setback for Delhi's private schools - Nursery Admissions 2017-18

The Supreme Court has dismissed a petition from Delhi private schools against a high court verdict concerning fee hike. Upholding the Delhi High Court's January 2016 judgment, the apex court today ruled that private schools have to obtain approval from the Delhi government before going ahead with their decision to hike fee.

"Once you have taken land from DDA (Delhi Development Authority) you have to abide by the Education Act," the Supreme Court while dismissing the petition of private schools.

The decision will have an impact on the functioning of more than 400 private unaided schools in the city.

The Delhi High Court in its January 20, 2016 verdict had said that the schools built on land allotted by DDA cannot hike the fee before taking prior permission from Delhi government.

"It is clear that schools cannot indulge in profiteering and commercialisation of school education.Quantum of fees to be charged by unaided schools is subject to regulation by DoE in terms of power conferred under Delhi Schools Education Act of 1973 and it is competent to interfere if hike in fee by a particular school is found to be excessive and perceived as indulging in profiteering," the court had said.

The judgment came on a PIL filed by advocate Khagesh Jha for an NGO, Justice for all, which had sought that recognised private unaided schools on land allotted by DDA be directed to abide by the stipulation in letter of allotment to take prior sanction of DoE before hiking their fees.

source: www.indiatoday.intoday.in/

Delhi parents confused about ‘ever-changing’ nursery admission norms - Nursery Admissions Delhi 2107-18

The Delhi High Court on Friday stayed the government’s nursery admission notification that made it mandatory for private unaided minority schools to admit students in the unreserved category on the basis of neighbourhood criteria.

Private unaided minority schools have welcomed the Delhi High Court’s decision that allows them to omit government’s nursery admission guidelines, but parents say the ever changing norms confuse them.

The Delhi High Court on Friday stayed the government’s nursery admission notification that made it mandatory for private unaided minority schools to admit students in the unreserved category on the basis of neighbourhood criteria.

“We welcome the order. Minority schools have always had autonomy but these facts were overlooked by the government. The government’s criteria on nursery admissions unnecessarily cost us money, time and effort,” said Michael Williams, dean of Mount Caramel schools.

Some parents have filled forms for a few of these schools, and are now wondering if they have to fill new forms.

“I have applied to some minority schools and now I am confused. Will I have to fill forms again if schools decide to form their own guidelines? The government brings changes at the last moment, and then schools go to the courts, causing problems for parents,” said Model Town resident Sakshi Tomar.

Another parent Shantadru Santral said, “There are 5-6 minority schools around my house, and I have applied to them all. But now these schools will decide their own criteria, so I am confused if they will have an upper age limit or not because the government’s notification says there should be no upper age limit.”

Three private unaided minority schools – Mount Carmel School, Ryan International School and Somerville School – had moved the court contending that the circular infringed on their rights to admit students.

Sisodia lashes out

Deputy chief minister Manish Sisodia lashed out at private unaided schools, saying schools which “make money by selling seats” should rather sell “jalebis” if they want to make profit.

Private unaided schools and minority schools have approached the courts against government’s nursery guidelines.

“In the nursery admission case, some private schools are giving such reasoning which clearly shows that their business of selling seats is failing. Who doesn’t know that some of the private schools built on DDA sell each nursery seat for Rs 10-15 lakh,” he said in a series of tweets.

source:www.hindustantimes.com/

Delhi High Court allows private schools to upload their own admissions criteria - Nursery Admissions Delhi 2017-18

The schedule for submitting applications for nursery admission is going to remain unchanged with the Delhi high court on Friday allowing private schools to upload their own admissions criteria and issue forms for now. The bench of justice Manmohan on Friday directed that the forms being issued by the private schools will also include the “distance from the school” where parents will have to mark whether their residence is less than 3 km, 3-6 km or over 6 km from the school.

The court held that since the scrutiny of forms for admissions is scheduled to take place after January 31, the final decision on whether to issue a stay order on the Delhi Government’s January 7 order making “distance” the primary criteria for admissions, will be taken before that date.

The court will now hear the matter further on January 19. In the interim, the bench has allowed schools to continue to application process.

The January 7 guidelines state the schools “shall not refuse admission to the residents of the locality”. Defining what neighbourhood would mean, the guidelines state that students who are residing within 1 km of the school will be preferred and if seats are not filled, preference will be given to students residing within 1-3 km of the school.

During the hearing on Friday afternoon, the bench of Justice Manmohan also pulled up the government for the late notification, commenting that due to the delay by government, the high court was “made a villain” since it was “forced” to consider the admissions criteria every year.

On Thursday, the bench had asked the government why the admissions guidelines could not have been issued at least 6 months before the date when the admission process was opened.

source: www.indianexpress.com/

High Court slams Delhi govt for ‘chaos’ by last-minute notice - Nursery Admissions Delhi 2017-18

The Delhi high court came down heavily on the city government on Thursday for creating “chaos and confusion” in the nursery admission process every year by putting up fresh notifications just before the admission season starts.

“Why have you put up a new notification in January, when the admission process starts in January... This makes the citizen jittery, who does not know where to go,” justice Manmohan fumed.

The judge noted that this behaviour of the government created “chaos and confusion” for parents who didn’t get enough time to plan admission process of their kids.

“It has become very difficult to deal with this government... In the last four years, you (government) have come up with at least three notifications in the month of January,” justice Manmohan remarked, while hearing a fresh petition moved by an association of private unaided schools challenging a January 7 notification on nursery admission.

The court noted that the late notification on nursery has created a situation where if anyone challenges it and the court interferes, the whole admission planning of parents gets disturbed.

“What were you (government) doing the whole year. This notification should have come at least six months or a year in advance so that parents gets to plan in advance. Don’t take anyone by surprise,” justice Manmohan said, posting the case for hearing in the afternoon.

Action Committee Unaided Recognised Private Schools, consisting of more than 450 private unaided recognised schools functioning in Delhi has challenged the notification restricting private schools on public land to admit toddlers only using the neighbourhood or distance criteria.

The new policy was approved by lieutenant governor Anil Baijal and announced by the government on Saturday.

One of the major problems about 300 private schools, which are built on Delhi Development Authority (DDA) land, has with the new guidelines is that they can no longer deny admission to anyone who seeks admission from their neighbourhood.

The government January 7 notification said these private schools cannot “refuse admission to the residents of the locality” and fill 75% of the capacity. The remaining 25% seats are mandatorily reserved for children whose parents’ annual income is less than Rs 1 lakh a year.

The notification gave priority to students living within a radius of one kilometre. In case seats remain vacant, those living within a distance of 3km will get a chance.

There are 1,400 private unaided schools in the Capital and 298 of them are built on land allotted by the DDA.

The committee has challenged the notification contending that it was “illegal, arbitrary, whimsical and unconstitutional”. It contended that the terms of allotment was superseded by the lease deeds subsequently executed and registered by the land owning agencies in favour of the private educational societies.

source:www.hindustantimes.com/

Nursery admission: Delhi HC upholds interim stay on age limit notification

The Delhi high court on Tuesday upheld its 5 February order which had stayed a notification by the Delhi government fixing four years as the upper age for nursery admissions in private unaided schools in the National Capital Region.

A bench comprising Chief Justice G. Rohini and Jayant Nath found no fault with the interim stay issued by justice Manmohan. Subsequently, he had also passed an interim order that said private unaided school managements are entitled to full autonomy in administration including the right to admit students.

“All children above the age of four years who are desirous of taking nursery admission in private schools for academic year 2016-17 shall be entitled to apply on or before 9 February,” the order had noted.

“The interim stay is rightly issued,” the two-judge bench said on Monday while delivering the judgement.

According to the notification issued by the directorate of education on 18 December last year, the upper age limit for nursery, pre-primary and Class I was set at four, five and six years, respectively.

The order was challenged by way of a bunch of petitions filed by minors who claimed that the impugned order was “arbitrary and unconstitutional” and sought its quashing.

The main case on the legal validity of the government notification will be heard on 18 April.

source: www.livemint.com

Management quota inherently prone to misuse, says Delhi Govt to HC

The Delhi government today told the High Court that management quota for nursery admission in private schools was “inherently prone to misuse”, which led it to step in and scrap it.

The submission was made in response to a query by a bench of Chief Justice G Rohini and Justice Jayant Nath as to how private unaided schools can be restrained from exercising management quota when they are entitled to it under a 2007 order of Lt Governor.

“When there is something inherently prone to misuse, state as regulator can say don’t do it. Management quota is a criterion which is prone to misuse,” the Delhi government said on the issue.

The private unaided schools, on the other hand, contended that the Delhi government’s January 6 order scrapping various criteria and the management quota was not issued by the LG or under any statute and “ran foul” of the LG’s 2007 order.

After hearing arguments of both sides, the bench reserved its verdict on the government’s plea challenging a single judge order of the high court staying the scrapping of the management quota and certain other criteria for nursery admissions in private unaided schools. While reserving its verdict, the court observed that due to shortage of good schools in Delhi, people were being forced to go to Noida where it was easier to get admission. During the hearing, the court said the government would have to show that private unaided schools were indulging in commercialization and profiteering by way of the management quota and asked, “where is the basis for such allegation?” The government said it has received complaints from lot of parents that some schools have demanded capitation fees and added that these were placed before the single-judge who in turn asked the government to take action. Read: Fossil fuel is waste we throw out of our house: J&K science teacher It said it has issued show cause notices to some schools which had indulged in such activity. The government also contended that the 2007 order was not etched in stone to make it insurmountable for all times to come. It alleged that there were “inherent contradictions” in the entire approach of the single-judge who had passed the February 4 interim order in which he had also given a prima facie view that the January 6 decision was taken without any authority of law. The government has contended that its January 6 order “was validly and lawfully” issued and it superseded the 2007 order. It also claimed that the decision was taken “without any view to interfering in autonomy of private unaided schools”. It said the “objective was not to deprive private unaided schools of autonomy, but to ensure that admission to entry level classes are made in a fair, reasonable, rational, transparent and non-exploitative manner.” The Directorate of Education (DoE) of the government in its plea has said it was “fully empowered and competent in terms of Delhi Schools Education Act and Rules framed thereunder to issue” the January 6 order. These contentions and claims were opposed by the private schools during the hearing. Read: 10 tips and tricks to prepare for entrance exams The single-judge in his February 4 interim order was of the prima facie view that Delhi government’s January 6 order, scrapping a total of 62 criteria and management quota, was “issued without any authority” and in “direct conflict” with the LG’s 2007 order on nursery admissions in private schools. On the issue of management quota, the court had said the high court-appointed Ganguly committee and the government had done a balancing act by agreeing that the 100 per cent discretion enjoyed by private schools in admissions was minimized, but not abolished. The government, in its appeal, has said the issue of management quota “needs to be approached differently than as recommended by the Ganguly committee” in view of the “change in time and subsequent experiences”. The single judge had also observed that “promoters of a school who make investment at their own personal risk are entitled to full autonomy in administration including the right to admit students.” The order had come on the pleas filed by Action Committee of Unaided Recognized Private Schools and Forum for Promotion of Quality Education For All, seeking quashing of the DoE’s January 6 order.

source:indianexpress.com

Nursery admissions: AAP Government to challenge HC order

The AAP government on Thursday said an appeal will be filed against the Delhi High Court’s stay of its order scrapping management quota in nursery admissions.

The schools, however, welcomed the court’s decision saying their “autonomy” has been upheld.

The Delhi High Court on Thursday stayed AAP government’s order scrapping management quota in nursery admissions in private unaided schools. The court said the decision was taken without the authority of law.

It also stayed the Delhi government’s 6 January order with regard to 11 other admission criteria. This included issues like proven track record of parents in music and sports during admission of their children, that were also scrapped.

SK Bhattacharya, President of the Action Committee for Unaided Private Schools of which 400 reputed schools are members, said, “We welcome the high court’s order and it will come as a relief for the parents who have been lingering in anxiety as the entire process has been marred by chaos due to the government’s order.”

He said, “Schools did not know what to do, parents did not know whether the process will be delayed or not. So, all the confusion has ended thankfully”.

The government had last month scrapped management quota and all other reservations except the EWS category in private schools for nursery admissions. It also warned that erring institutions can be taken over by the Education Department.

The same Action Committee had also alleged that the government’s announcement amounted to “contempt of court” as the matter was sub-judice at that time. The committee had moved court in 2014 after Lieutenant Governor Najeeb Jung had notified the scrapping of quota.

source:www.thequint.com

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

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.

“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

source: indianexpress.com

Nursery Admissions: Delhi High Court issues notice to Kejriwal govt....seeks reply from Kejriwal govt over management quota row

With regard to the Delhi High Court's move to issue notice to the government in connection with scrapping of management quota, the association of private schools said that the quota should not be scrapped as schools need to "oblige" people.

"Those people (government) who can't administer a public school are trying to take over admissions of private schools", the HC said reprimanding the AAP government and censured the government for its failure to improve the condition of public schools.

Meanwhile, Delhi government's additional standing counsel Gautam Narayan told the court there cannot be any such quota and "it has to go". Apparently, the government believes that schools have taken advantage of their discretionary powers. "There is rush in private schools because the standard is not good in public schools". When can't you improve public schools? You are taking over private schools. No one is addressing that issue. "Set your house in order".

It clarified that that parents may apply now but the scrutiny of applications would be subject to final orders in the petitions by Forum for Promotion of Quality Education and Action Committee of Unaided Recognized Private Schools. The SC had recognized the right of the private schools to have maximum autonomy in admissions and to set a fee structure.

Private schools had argued that the orders passed by Arvind Kejriwal-led government stating that it is contrary to and violates the judgements of the Supreme Court and High Court and affects the autonomy of private unaided schools to regulate their admissions.

He said the existing provision of 25 percent seats earmarked for students from poor families will remain in place.

"However, respondent no. 4 (Sanskriti) in sheer defiance of the circulars has not uploaded the admission criteria and points for admissions of open seats at entry level classes for the academic session 2016-17", a petition filed by a toddler's father, advocate Dheeraj Singh, has said.

Lt. Governor Najeeb Jung had in December 2013 issued a notification abolishing management quota in nursery admissions but this was challenged by the affected schools.

Earlier, the high court, in an order, had asked the Delhi government not to micro-manage the admission process following which Education Department had allowed the schools to frame their respective criteria and put them on their websites.

source: theindianrepublic.com

Sanskriti School can’t keep admission process pending indefinitely:High Court to school

Delhi High Court today told the Sanskriti School here that it cannot keep its admission process pending “indefinitely” on the ground that its plea against quashing of 60 per cent quota forwards of group-A government officials was pending in the Supreme Court.

“You have to comply with the circulars of Department of Education (DoE). You can’t keep it pending indefinitely,” Justice Manmohan told the lawyer appearing for the school.

However, the court did not issue any directions on those lines and adjourned the matter to January 20, as the school’s special leave petition against high court’s November 6, 2015, order scrapping its 60 per cent quota is listed for hearing in the apex court tomorrow.

Justice Manmohan asked the school’s lawyer to inform the apex court about this petition as well.

Meanwhile, Delhi government’s additional standing counsel Gautam Narayan told the court there cannot be any such quota and “it has to go”.

Narayan also said the school cannot have its way and refuse to put up the nursery admission criteria for academic session 2016-17 on their website.

He said the school should comply with DoE’s circulars of December 8, 2015 and December 22, 2015 which mandate that the admission process should commence from January 1 and fix the last date for application as January 22.

The January 6 order asks schools “to develop and adopt criteria for admissions to the 75 per cent open seats to entry level classes for session 2016-17 which shall be well defined, non-discriminatory, unambiguous and transparent”. “However, Respondent no.4 (Sanskriti) in sheer defiance of the circulars has not uploaded the admission criteria and points for admissions of open seats at entry level classes for the academic session 2016-17,” a petition filed by a toddler’s father, advocate Dheeraj Singh, has said. The petition has sought directions to the government and DoE to ensure that the school puts up the admission criteria before the last date of application. It has also sought that DoE should take over the management of the school if it does not comply with the circulars and order. The high court had on November 6 last year quashed the 60 per cent quota in Sanskriti School, saying it was akin to the erstwhile segregation of white and black students in the US and violated the constitutional provisions of equality and right to education. It had also said that by providing such a reservation, the school created an “arbitrary separation” between the children of Group-A officers and all other students. The decision was challenged by the school in a special leave petition before the apex court. On January 7, the central government had told the apex court that wards of group B and C government employees can also be provided admission under the 60 per cent quota. The apex court has listed the matter on January 19 for passing an interim order after the government and Sanskriti sought that the school be allowed to carry out admission process under the earlier system.

source: indianexpress.com