SC declines to stay Delhi HC order on nursery admissions

The Supreme Court Friday declined to stay, for now, a Delhi High Court order directing nursery admissions according to the guidelines issued by the Lt. Governor, giving no immediate relief to private unaided schools.

An apex court bench headed by Justice H.L. Dattu and S.A.Bobde directed the listing of the matter next Friday (Jan 31) when the plea by the private unaided schools was mentioned before it.

Justice Dattu observed that Lt. Governor Najeeb Jung was an eminent educationist and he must have taken all the aspects into account before framing the guidelines. The plea on behalf of unaided private schools has been moved by Forum for Promotion of Quality Education for All and others.

Jung had in December 2013 issued guidelines that provided for various steps including abolition of 20 percent management quota and weightage for neighbourhood children to nursery section admissions.

The unaided private schools have challenged the Jan 20 Delhi High Court order directing the Delhi government to notify the guidelines issued by the Lt. Governor and also the date of admissions.

The plea by the unaided private schools has challenged the dismissal of their plea challenging to the notification fixing the admission criteria for nursery.

The Delhi High Court by its Jan 20 order had refused to stay the notification on the criteria for nursery admissions in the city, holding that any "interference at this stage would create confusion".

The bench, in its order, said that the stay of the notification at this stage would be "detrimental to the interest of children as well as parents".

"We are of the view that appellants (schools) have not been able to satisfy us of any irreparable loss and injury to them from the non-grant of the interim order sought," it said.

The court added: "We are in agreement with the single judge that any interference at this stage would create confusion and would be detrimental to the interest of children as well as parents of the wards who are seeking admission."

The nursery admission process, which was to start from Jan 15, was on hold after the government told the bench it "would wait for the court's decision on the issue before commencing the admission process".