Decision to scrap management quota in interest of kids:HC told

Defending its decision to scrap management and some other quotas for private school admission, AAP government today told Delhi High Court that this was done to check "unfair and exploitative criteria" and prevent any discrimination against children in getting education in the national capital.
The Delhi government said it was their duty to "ensure that admissions in schools are open to all without any discrimination based on religion, caste, race and place of birth".
This was stated in an affidavit filed by the Department of Education (DOE), which also said the pleas seeking quashing of the government's January 6 order scrapping 62 criteria, including management quota, for nursery admissions is wholly "misconceived" and "not maintainable".

It said that another order of December 31, 2015, which states that some schools had adopted "irrational" criteria, which were unreasonable and contrary to the spirit of right to equality, was also issued in "accordance with law".
"The respondent (Directorate of Education) was constrained to issue orders, upon becoming aware of some of the glaringly unreasonable, irrational, unfair and exploitative criteria being adopted by several private unaided recognised schools in Delhi...
"Upon examination of approximately 2500 criteria uploaded on the website of Directorate of Education (DoE), identified 62 criteria which were patently unreasonable, non-transparent, unfair and give room for exploitation," the government said.

"The arbitrary criteria imposed by the schools, as well as the practice of maintaining a management quota is clearly in conflict with the spirit and ethos of the Constitution of India nd the Delhi Schools Education Act," it said.

"It is bounden statutory duty and obligation of DoE to ensure that no segment of population is unfairly discriminated against and a fair and equal opportunity on the basis of a level playing filed in afforded to all.
"DoE, by way of the order, has not interfered with the autonomy of the private unaided schools by prescribing any criteria which the schools should adopt,"the affidavit stated.

It further said the government was "compelled to take steps to protect the interest of the children, and their parents who were interested in the admissions to Entry Level Classes for the academic year 2016-2017".
(Reopens LGD27)
Delhi Chief Minister Arvind Kejriwal had on January 6 called the management quota the breeding ground for "biggest scandal" in the education sector and said his government will not be a "mute spectator" to it.
It had also scrapped 62 "arbitrary and discriminatory" criteria listed by schools on their websites for admissions, but retained the 25 per cent quota for Economically Weaker Sections.

Challenging it, another association Forum for Promotion of Quality Education For All in their plea through advocate Vedanta Varma, contended that the government cannot take away their autonomy with regard to nursery admissions when the same has been upheld by the high court and the Supreme Court.
Terming the AAP government's order as illegal, they said they were not trying to champion the cause of all the scrapped 62 criteria, except a few like management quota.
The school bodies also contended that when the high court's earlier verdict had not been set aside, how can the government now come out with the January 6 order.

However, DoE, in its affidavit maintained that their was no "infirmity which would merit interference by this court" in "policy matters unless the same are shown to be patently perverse illegal or unjust".
It had said the petitioners have no locus and "only individual schools can approach this court and established the prejudice that is caused to them".
The Delhi School Education Act and Rules enjoin them to ensure that admission to schools is open to all without any discrimination based on religion, caste, race, place of birth, the Delhi government said in their 38-page affidavit.
Earlier, the high court had told the AAP government to "set its house in order" by administering its schools and improving them instead of trying to "take over" admission process of private unaided schools.

The court had also expressed doubts over scrapping of all 62 criteria, except for some like quotas for children whose parents were vegetarians, non-alcoholics or non-smokers.
Such criteria, if being implemented by private school for admissions, amounts to maladministration, the court had said.