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

50 per cent extra seats opened up after abolition of management quota: Arvind Kejriwal

Scrapping of management quota for nursery admissions in private schools has thrown open 50 per cent extra seats for common man, Chief Minister Arvind Kejriwal on Sunday said, even as he asserted that the government had no intention of “interfering” into the daily affairs of

the schools.

The chief minister also said that the Delhi government will “think” about online admissions on 75 per cent open seats in the next year.

“The Delhi government has made school admissions totally transparent. Scrapping management quota, which were used to oblige recommendations of politicians, government functionaries and powerful people, has opened nearly 50 per cent extra seats for common man,” Kejriwal said at an interaction with parents seeking admission for their wards.

The government has “cut its own hands” in doing so as the school admission process will now take place in a transparent manner without any recommendations, he said.

“We are not going to benefit from it and the government and the chief minister have rather cut our hands otherwise our volunteers would bring recommendations and we would be doling out seats for admissions,” he said.

Replying to complaints and suggestions of parents seeking admission for their children, Kejriwal said the management quota and 62 criteria for admissions were scrapped as they were not “reasonable, fair and transparent”.

“We believed in schools and allowed them to upload their admission criteria by December 31. But some of the schools betrayed our faith and reserved upto 75 per cent seats through these criteria and various quota like alumni and sibling quota.”

The chief minister said that the admissions on 25 per cent seats under EWS quota were also riddled with irregularities and the government has now made this process online.

“They will have no better government than this one if they want to do good things but they will also not found any worse government if they indulge in irregularities,” he warned.

“Now, the schools will not have their say in it. Those who will not follow guidelines and rules will be decrecognised,” Kejriwal said, adding that his government had no intention of “interfering” in their day to day affairs.

“We will think about online admissions on 75 per cent open seats in the next year,” he said in reply to a suggestion by one of the parents.

The government has decided to focus on education and health in 2016 and is working on it, the Chief Minister said adding that policies should be framed in consultation with public, he said.

Attending the event, Deputy CM and Education minister Manish Sisodia said, “There was tremendous pressure from different quarters including the private schools to maintain the management quota. But we will not bow down to pressure,” he said.

The government has only “ordinary” powers to regulate schools and it needs to have more powers to issue directions and take action against them.

“We have included this power in Delhi Education Act by amending it and sent for approval of Centre so that so that Delhi government and private schools in Delhi could work in a better way,” he said.

Alleging that several schools had turned themselves into “teaching shops” through management quota, Sisodia said that the government was determined to stop them.

“Management quotas were used as a window through which money was taken and recommendations by ministers, bureaucrats and police officials were met,” he said.

The schools are creating “confusion” over admission criteria and ending of management quota, but the parents need not to worry as the government was with them, Sisodia said.

“The schools are doing this wilfully to scare the parents. But they do not need to worry as the government is with them to ensure transparency in admission,” he said.

The Deputy Chief Minister, while criticising the private schools over management quota and admission criteria related irregularities, also acknowledged their role in “maintaining quality of education” at a time when government schools failed to do so.

“They have been told that if they face legal problems in the way of doing good things we will change it.”

He further clarified that the government has accepted the demand of private schools for seats for children of teachers and members of management committees.

Asserting that improvement in education required efforts on all its aspects, Sisodia said that the government will focus on training and quality of education at government schools.

source: indianexpress.com

Kejriwal bouncer for private schools....

Delhi govt scraps all quotas except EWS for nursery admissions

In yet another shocker to private schools, the Delhi government on Wednesday scrapped all quotas except the Economically Weaker Sections (EWS) for nursery admissions.

The decision was announced in a state cabinet meeting where Chief Minister Arvind Kejriwal called the 'management quota' the breeding ground for biggest scandals in the education sector in the country and said that his government will not be a mute spectator to it.

The state government also made some stark changes in admission guidelines for private school in December last year.

"What is management quota? Under it, you get admission if someone is recommended by a chief minister, education minister, judge, police commissioner, SHOs or by an income tax official. Either it is a recommendation or seats are sold. Management quota is the biggest scandal in the country which the Delhi Government is scrapping. 75 per cent admissions in private schools will be under open category. Other than EWS category, there will be no other quota," Kejriwal announced.

The government also scrapped 62 arbitrary and discriminatory admission criteria listed by schools on their websites. The decision came in the midst of the ongoing admission process for nursery classes in over 2,500 private institutions in the Capital.

Warning schools of stringent action, Kejriwal said the government will use all available options against erring institutions, including takeovers. "If they do not budge, they can be derecognised or government can take them over," he said.

Private schools in Delhi have quotas for management, siblings, alumni and many others. The decision also prohibits schools from making parents declare details like whether they smoke or drink or consume non-vegetarian food. "The government will not tolerate this. The idea is to make the admission process pro-people and transparent," Education Minister Manish Sisodia said.

The HC, in an order, had asked the Delhi government not to micro-manage the admission process following which the education department had allowed schools to frame their respective criteria and put them on their websites. Kejriwal said certain criteria put out by schools were very shocking and in violation of Article 14 of the Constitution relating to equality before law. "The education department officials told me that court has directed not to micro-manage the admission process. I told them not to worry. Tell the court that I have done this. I will tell the court that management quota is the biggest scandal and this should be stopped. And now the cabinet has given its approval," said Kejriwal.

However, school associations which had moved court in 2014 after Lieutenant Governor Najeeb Jung had notified the scrapping of quotas, claimed the matter is still pending and hence the announcement amounts to contempt of court. There was a judgment by a single bench of high court granting autonomy to schools for deciding quotas.

"The government had challenged the judgment seeking a stay before a double bench but the matter is still pending. Such an announcement at this stage when the matter is sub-judice amounts to contempt of court," said SK Bhattacharya, President of Action Committee for Unaided Private Schools, which has 400 schools registered under it.

"Also, management quota is not just a brainchild of private schools but also of the Justice Ganguly Committee who had also supported the issue. The tearing hurry in which the cabinet has taken this decision is not understandable," Bhattacharya added.

Private schools in Delhi adopted a cautious approach in reacting to Delhi government's decision of scrapping the management quota for nursery admissions even as various associations of unaided private schools reacted strongly saying the move is an attack on the schools' autonomy.

Ashok Sehgal, Principal, Ahlcon International School and Chairman, National Progressive Schools Conference (NPSC) said, "After schools went to high court and it ruled in favour of the schools and connotations of it, they challenged it and the matter is pending. Then to bring any order at this stage is surprising especially when the admissions have already begun. It will create further confusion for parents."

source:indiatoday.intoday.in

AAP govt strikes off 62 criteria, management quota in private schools of capital......

The AAP government Wednesday scrapped 62 assessment criteria used by private unaided schools in nursery admissions, terming them ‘arbitrary’ and ‘discriminatory’. The cabinet approved the decision to strike down criteria including economic condition, parent’s profession or area of expertise, regularity in payment of school dues and lifestyle choices of parents like smoking, drinking and eating non-vegetarian food. 

The criteria used by certain schools for nursery admissions were “shocking”, said Chief Minister Arvind Kejriwal while explaining the reason behind the government’s move. 

“The Delhi High Court had said in an order that private school admissions cannot be micro-managed by the government… they should have the autonomy to decide the criteria for admission. But the high court had also said that the criteria and the admission process has to be fair, transparent and reasonable,” said Kejriwal. 

“When we saw the criteria put up on the websites of some schools, we were quite shocked. Some schools said that those children whose parents smoke, drink or eat non-veg will not get admission. Others said if parents know how to paint or are trained in music, the child will get extra points. The criteria are so arbitrary and discriminatory,” added the chief minister. 

The government has also decided to do away with all quotas in private school admissions except the 25 per cent reservation for students from economically weaker sections (EWS).

 “Lots of private schools have made terrific reservations. One school has only 25 per cent open seats… 75 per cent of its seats are reserved. There are all kinds of quotas — management quota, sibling quota, this quota and that quota. The court did not allow any quotas. We are opening up 50 per cent more seats for the public. What is this management quota in schools and colleges? References from the chief minister, deputy chief minister, a judge, a station house officer, commissioner of police, income tax department… or they are sold. It is either influence or sale of seats,” said Kejriwal. 

The chief minister said that no school will receive such ‘references’ from any member of his government. 

The Directorate of Education had, in a circular on December 8, 2015, directed all private, unaided and recognised schools to develop and adopt criteria for admissions for the 75 per cent open seats to entry-level classes for 2016-17. The criteria, it stated, should be “clear, well defined, equitable, non-discriminatory, unambiguous and transparent.”

 The process for nursery admissions in various schools started on January 1 and the last date for submitting admission forms is January 22. 

The government examined various admission criteria used by private schools admitting children to entry-level classes and also cited reasons for terming them ‘unjust’. 

Explaining why the criterion about parent’s economic condition was being done away with, the government said, “Parents seeking admission in a particular school are aware of the fee structure of the school and willing to pay the same. The fee structure of the school is same for everyone in the school. So, the economic condition does not matter.” 

On scrapping the criterion about parents’ profession, the government stated, “Parent’s profession should not be a matter for the admission of tiny tots as all children have the same rights.” 

Earlier this week, Transport Minister Gopal Rai had named 283 private schools which, he said, had “cheated’ the Delhi government. They had promised to let their buses be used for public transport during the odd-even operations in Delhi till January 15, but had not kept their pledge, said the minister. 

However, Kejriwal clarified that the decision approved by the Cabinet Wednesday had nothing to do with that. 

Special grounds and why they were removed 

Parents with proficiency in music, sports etc  This criterion is not just as it discriminates against other children seeking admission.

 Parents’ education India is a developing country and literacy rate is not 100 per cent. This is not just towards children whose parents don’t have a good educational background. 

Regularity in payment of school dues This is illogical. Parents seeking admission of their ward cannot be judged on this criterion. 

Both parents are working Equal opportunity should be given to non-working parent/single working parent/both parents working. 

Status of child This is illogical as one can’t assign status to tiny tots. 

First cousin of a student This will create a homogeneous group in a class/school which is not conducive for overall development of child. 

If candidate has proficiency in music and sports It is ridiculous to assign points for proficiency in music and sport to a child between the age of 3 to 6 years. 

Mother’s qualification  Equal opportunities of admission should be given to children irrespective of their mother’s qualification. 

Attitudes and values It is undefined and likely to be misused. 

Old parents  This is illogical and discriminatory. 

Scholar students This is illogical. No scholastic aptitude can be tested at entry-level classes. 

Permanent resident of Delhi by birth  This is illegal and a violation of the fundamental rights of a citizen. 

Similar cultural ethos  This is undefined. 

Joint Family  This criterion is not practically determinable and as such there is no basis of connecting it to the admission process. 

Special quality  This is undefined and likely to be misused. 

Language skills  It is illogical to assign points to this criterion. Small children should be on equal footing in terms of their quality as an entry-level class is the threshold of learning. 

Economic condition  The fee structure of the school is same for everyone, so the economic condition does not matter. 

Parent’s reason for approaching the school  This is undefined and discriminatory.

source: indianexpress.com