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/

HC stays govt’s notification of private minority unaided schools to accept neighbourhood criteria - Nursery Admissions Delhi 2017-18

Delhi High Court today stayed the operation of AAP government’s circular asking private unaided minority schools to accept admission forms based only on the neighbourhood or distance criteria, saying they are free to devise their own procedures and should be treated differently.

The bench, which has rapped the AAP government for issuing such notification “at the eleventh hour putting everyone in a chaos like situation”, said the government in future should make an endeavour to frame such policy at least six months in advance, if not earlier.

“Prima facie the Delhi government notification dated January 7, 2017 is contrary to the constitutional mandate. This court is of the view that fundamental right of minority schools cannot be interfered with and their right to admit students cannot be taken away.

“Minority schools have the right of maximum administration which cannot be taken away by any terms of contract,” Justice Manmohan said.

Pointing to the apex court verdicts safeguarding the rights available to minority-run institutions under the Constitution, the high court said, “treat them differently and the right to administer a minority school also contains the right to devise procedures for admission as long as they (procedures) are fair and transparent”.

Granting interim relief to schools, it said, “keeping in view the decision of the Supreme Court and this court, such schools are entitled to admit students according to their own procedures as long as they are fair and transparent and accordingly the impugned notification (of January 7, 2017) is stayed till further order of this court.”

The court has now fixed the main petition for further hearing on March 21 by when it has asked Delhi government to file their affidavit. The court was hearing a batch of petitions by some private unaided minority schools challenging the notification issued by the Delhi government.

Yesterday, Additional Solicitor General (ASG) Sanjay Jain, appearing for the Directorate of Education (DoE), had told the court that they have left it open for minority schools to decide on admitting students, adding that “after admitting the minority students, whatever seats are left, on that we want them to apply the neighbourhood criteria”.

The Delhi government had earlier said the distance criteria was a “priority gradation system” where first preference would be given to children within 1 km, then 1-3 km and then, if there was vacancy, to beyond 6 kms.

source: www.indianexpress.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/