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 The government has contended that its January 6 order “was validly and lawfully” issued and it superseded the 2007 order.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