Delhi High Court today stayed the operation of Delhi government circular on nursery admission norms regarding private unaided minority schools, telling the AAP dispensation to bring its own schools up to the mark before trying to impose their admission norms on private institutions.
"Your (Delhi government) public schools are down the line, where people do not even want to study free of cost. They are pathetic, where teachers do not even come," Justice Manmohan said and asked why Delhi government was not raising the standard of its school, and instead seeking to take over the autonomy of private schools.
"There is a huge gap in demand and supply. You raise the standard of your schools before interfering in the functioning of the private schools," the court said, adding that "you will be shocked to know that on ground level, none of the parents want to admit their children in your schools".
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"Think about the future generation. Will government school help the next generation," the court said while staying the operation of the circular on nursery admission norms with regard to private unaided minority schools.
Staying the January 7 notification that makes it mandatory for private unaided minority schools to admit children in nursery in the unreserved category on the basis of neighbourhood criteria, the court which heard the matter through the day, said "they are free to devise their own procedures and should be treated differently".
The court, which rapped the AAP government's Department of Education (DoE) for issuing such a notification "at the eleventh hour putting everyone in a chaos-like situation including the parents whose wards are to be admitted in the current academic year", said the "government in future should make an endeavour to frame such policy, if any, at least six months in advance, if not earlier".
"Prima facie Delhi government notification dated January 7, 2017 is contrary to the constitutional mandate. This court is also of the prima facie view that the fundamental right of minority schools cannot be interfered with and their right to admit students cannot be taken away.
"Minority schools have the right of maximum administration which cannot be taken away by any terms of contract," it said, adding that "minority schools are entitled to admit students in their own manner as long as there is no mismanagement.
Pointing to the apex court verdicts safeguarding rights
available to minority-run institutions under the Constitution, the high court said, "treat them differently and the right to administer a minority school also contains the right to devise procedures for admission as long as they (procedures) are fair and transparent".
Granting interim relief to three private unaided minority schools, it said "keeping in view the decision of the Supreme court and this court, such schools are entitled to admit students according to their own procedures as long as they are fair and transparent and accordingly the impugned notification (of January 7, 2017) is stayed till further order of this court."
The court has now fixed the petitions for further hearing on March 21 and asked Delhi government to file their reply.
The Delhi government on January 7, 2017, came out with a circular on nursery admission that mandated private unaided schools -- built on Delhi Development Authority (DDA) land -- to accept admission forms based only on the neighbourhood or distance criteria.
As per the circular, the minority unaided schools were asked to treat unreserved seats as open/general seats in which admission would be conducted on the basis of neighbourhood criteria.
Three premier private unaided minority schools had approached the high court against the circular, saying it has infringed their rights to admit students.
Meanwhile, the pleas filed by Action Committee Unaided Recognised Private Schools, Forum for Promotion of Quality Education and some parents challenging the new nursery norms are being heard by the court on day to day basis.
The association has contended that the restriction in the Delhi Development Authority (DDA) allotment letters was "illegal, arbitrary, unenforceable and unconstitutional" and sought that it be quashed.
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.
