Nursery admissions procedure at schools of Delhi has
now reached at an interesting stage. While the schools are
celebrating victory over the judgement of Delhi High Court yet they
have not realised that the era of commercialisation
of education and teaching
shops is about to end very soon.
As has been rightly analysed by my friend Shayam
Prasad, the decision of Delhi High Court has, in effect, created more
stringent norms for the unaided private schools of India than before.
To make the matter conclusive and final, the matter
would be taken to the Supreme Court of India very soon.
The only solace for schools can be found in the form
that as on date the right to education act is not applicable to
nursery admissions. But the same is not final and it is going to
change very soon.
Even the Delhi High Court has shown its displeasure
with the current non applicability of right to education act to
nursery admissions and has recommended amending the law to make it
applicable.
Legal experts are already saying that right to
education act of India needs reformulation. For instance, according
to the guest column of Praveen Dalal, managing partner of Perry4Law
and a Supreme Court lawyer, right
to education is a successful failure of India and is going
against the constitutional protections.
According to Dalal, the most important aspect of the
present judgement of Delhi High Court is that it is “Appealable”
and the matter would be taken to Supreme Court of India. Further,
there is nothing in the Judgment of Delhi High Court that is
exempting Schools of Delhi from following the admission related Norms
prescribed by other Rules and Regulations, opines Dalal. In short,
nursery admissions are still required to be done as per Norms and
Regulations and the Delhi High Court’s Judgement has not changed
anything in this regard, says Dalal.
So parents do not loose heart and schools do no
enjoy this limited victory as the legal battle is still on.
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