HC questions AAP govt order fixing upper age for admissions

Delhi High Court today questioned the Delhi government as to why it had issued notification relating to school admissions at the very last moment, thereby "surprising parents and giving them no time to react".
"Why you (Delhi government) issue all notifications in the month of December. Can't you do prior to this, so that people are well informed in advance," Justice Manmohan said.
He further said that "your last moment decision creates chaos", leading the parents to run to get their kids admitted as they do not get enough time to "decide the future". The parents "should not be taken by surprise at the last moment."

"This is a practical problem. If you had informed them in advance, they could have arranged something," the judge said during the hearing of pleas by three minors, through their counsel Akhil Sachar, challenging the government's order fixing the maximum age for nursery in private unaided schools at four years.
Accepting their pleas, the court issued notice to the AAP government and asked them to file their reply before February 25 on the pleas which stated that the December 18, 2015 order seeks to do "disservice to children and society by taking away their Right to Education by introducing an age limit for admission to a school".

While fixing the hearing of the matter on February 1, when one similar plea is listed to be taken up, the court asked Delhi government and the schools not to reject the application forms of petitioner here only on ground of upper age limit.

During the hearing, the court said that the notification issued should be such that it can be implemented a year later.
The minors, who would complete three and four years by February, sought quashing of the Delhi government's decision, saying in case government is allowed to execute the "illegal and arbitrary order" which is in "contravention of the mandatory provisions of law", they will suffer "irreparable harm and injury which cannot be compensated".

The Delhi government had earlier said that 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.
During the hearing today, the government said it could extend the dates for the admission process, as at present, January 31 is the last date for applying for admission in the schools and thereafter till February 10, scrutiny of applications would be done.
However, the court said, "we will have to follow a strict time frame" and listed the matter for hearing tomorrow.

The court also said that Delhi Development Authority (DDA) and Land and Development Office (N&DO) should also clarify their stand on the neighbourhood issue.
The court also impleaded Centre as a party in the matter and said they should have a "clear stand" on the issue.
The high court had earlier directed the parents to fill up the application forms of various schools based on the criteria set by them as well as AAP government to avoid any ambiguity in the nursery admission process.
Some schools have also challenged a condition in DDA's allotment letters, giving land to some private unaided schools, under which they have to reserve 75 per cent seats for students in the neighbourhood.

The two circulars of December 19, 2016 and January 7, 2017 have enforced the allotment clause and thereby restricted admission in schools on DDA land to their locality.
Some parents have also approached the high court against the new nursery admission criteria.