The recent judgment of the Delhi High Court upholding the right of unaided schools to apply screening procedure for nursery admissions to unreserved category of students has brought cheer to many schools, and disappointment to social activists. The schools and many parents are relieved that the cloud of uncertainty around the admission process has withered away at least for this academic year. However, the battle is far from over. The judgment is likely to be appealed in Supreme Court. That may be a positive development as it may settle similar issues that are arising in various states on the applicability of the Right to Education Act.Since an appeal looks likely, it is important to examine the judgment for its robustness. On pure judicial reasoning, the judgment appears fragile. A few examples will suffice.Based on a certain construction of Section 35 of the RTE Act, the court comes to a conclusion that guidelines and directions issued under the RTE Act do not

Abhishek Tripathi

Abhishek Tripathi

Abhishek Tripathi

Abhishek Tripathi & Mani Gupta: RTE's continuing woes