Delhi HC verdict on nursery admission challenged in SC

The Delhi High Court verdict that the Right to Education (RTE) Act is not applicable to nursery admission in unaided private schools has been challenged in the Supreme Court.

An NGO, Social Jurist, has approached the apex court, saying that the high court erred in law in holding that the Act applied only in the matter of admission of children between the age of 6 years to 14 years and is not applicable to nursery admission.

"The Delhi High Court has clearly erred in law in holding that the provisions of Section 13 of the Right of Children to Free and Compulsory Education Act, 2009 apply only in the matter of admission of the children between the age of 6 years to 14 years and are not applicable to the admission of children below 6 years in unaided private schools," the NGO submitted in its petition.

"Section 13 of the Act was formulated in the context of rampant screening practices being adopted by the private unaided schools in nursery admissions which had resulted in a comprehensive round of litigation in the high court. It was to correct this mischief that the said provision was incorporated," the petition said while challenging the high court verdict.