The Delhi High Court has finally
given its judgment on the right to education Act and its
applicability to nursery admissions. Media reports have claimed that
High Court has given a green signal to the schools to continue with
the admission procedure. However, this is not completely correct and
is clearly a misinterpretation of the judgement of Delhi High Court.
The judgement of the Delhi High Court has reiterated
more or less the same interpretation as been given by Praveen Dalal,
managing partner of Perry4Law
and a supreme court lawyers, in his guest post titled “Right
To Education: A Successful Failure Of India” regarding
the right to education act of India and its constitutional
interpretation.
Media reports have not reported the contents of the
judgments in proper manner. According to Praveen Dalal, instead of
curbing the provisions of the Right to Education Act of India, the
Delhi High Court has strengthened the same and interpreted its
applicability to even Pre Nursery Admissions as far as 25% students
belonging to weaker sections and disadvantaged group are concerned.
The Court has also declared that the collection of
Capitation Fee by private unaided schools is not permissible for the
75% students seeking admission in the general and discretionary
quota, opines Dalal. There are many more aspects that Schools of
Delhi must consider and interpreting the Judgement of Delhi High
Court as giving a complete freedom to schools while granting nursery
and other school admissions would be a big mistake, opines Dalal.
The court has also opined that schools cannot engage
in commercialisation
of education and open ‘Teaching
Shops’. The court has also said that even pre nursery
admissions must be governed by the right to education act in future
and the act must be amended accordingly to ensure this possibility.
The petitioners have also decided to appeal before
the Supreme Court of India that may amend the decision of the Delhi
High Court and make it applicable to nursery admissions as well for
even 75% category.
We would bring more legal interpretation of the
decision of Delhi High Court and have already invited opinions of
legal experts, media professionals and general public. Please contact
us at ram.ok@rediffmail.com
for submitting your comments and suggestions.
