HC asks Centre about policy regarding pvt schools on govt land

Delhi High Court today asked the Centre about its policy regarding private schools running on land alloted to them by government at concessional rates across the country.
Justice Manmohan issued notice to the Ministries of Human Resource Development and Urban Development seeking their replies on whether there was any neighbourhood criteria for admission in schools.
The court wished to know the Centre's stand during the hearing of pleas challenging the Delhi government's notification that made 298 private schools, built on DDA land, accept admission forms based only on the neighbourhood or distance criteria.
The court also sought to know the stand of Delhi Development Authority (DDA) and Land and Development Office here, on the neighbourhood criteria set by the AAP government under which admissions have been restricted to the area where these institutions are located.

It said the authorities would have to clarify their stand as the land to the private schools were given by them.
The court had in its interim order on January 13 allowed parents to fill up application forms of various schools based on the criteria set by them as well as the AAP government.

The court had said it was passing the order to ensure that admission was "not hampered" and that scrutiny of the application forms would be subject to further orders.
Meanwhile, the court today commenced arguments on pleas by parents, schools and forum, who have challenged a condition in the letter allotting DDA land to them under which admissions have been restricted to the institutions' locality.

During arguments which went on for over two hours, Forum for Promotion of Quality Education, submitted before the court that the restriction in DDA allotment letters was "illegal, arbitrary, unenforceable and unconstitutional" and sought that it be quashed.
(Reopens LGD20)
Earlier in the day, the division bench refused to entertain an NGO's plea seeking transfer of hearing related to the nursery admission case from a single judge to a larger bench.
The pleas filed by association and parents challenged the circular of the Directorate of Education (DoE) under which it had issued an admission guidelines for entry level classes for open seats in private unaided schools on private land for 2017-2018 session, saying it "illegally and arbitrarily distinguished between schools situated on private land and those running on land allotted by DDA".

The association also challenged a January 7 order of Lt Governor Anil Baijal approving the admission guidelines for 298 private schools on DDA land. The guidelines state that the schools on DDA land "shall not refuse admission to the residents of the locality".
Defining what neighbourhood would mean, the guidelines state that students residing within one km of the school will be preferred and if seats are not filled, preference will be given to those students residing within 1-3 km.
"Students residing beyond 6 kms shall be admitted only in case vacancies remain unfilled even after considering all the students within 6 kms area," as per the guidelines.

The schools have contended that enforcing the clause in the DDA allotment letter would result in reducing world class educational institutions into neighbourhood schools and would be violative of their fundamental rights.
Besides Forum for Promotion of Quality Education, the plea by Action Committee Unaided Recognised Private Schools claimed that they have the autonomy to regulate their admissions as per the Delhi School Education Act and Rules.
The process for nursery admissions in over 1400 private schools began in the national capital on January 2 and is expected to end on January 31.
The first list of selected candidates, including the wait listed candidates, along with marks allotted under point system will be announced by schools on February 15.

The Forum said that under Right to Education Act, 25 per cent seats were reserved in private unaided schools for children belonging to poor sections of the society and disadvantaged groups who lived in the neighbourhood.