Delhi High Court to hear plea against quota stay
The Delhi high court on Monday agreed to hear the AAP government’s appeal against its single judge order partially staying a notification scrapping management quota and some other criteria in the nurs
The Delhi high court on Monday agreed to hear the AAP government’s appeal against its single judge order partially staying a notification scrapping management quota and some other criteria in the nursery admissions in the city’s private unaided schools.
The Delhi government’s directorate of education (DoE) has in its appeal contended that the January 6 order scrapping various admission criteria and the management quota “was validly and lawfully” issued to ensure that admissions to entry-level classes, like nursery, are made in a “fair and reasonable” manner.
In its plea, listed before a bench of Chief Justice G. Rohini and Justice Jayant Nath, the DoE said the decision was taken “without any view to interfering in the autonomy of private unaided schools.” It has said the “objective was not to deprive private unaided schools of their autonomy, but to ensure that admission to entry-level classes are made in a fair, reasonable, rational, transparent and non-exploitative manner.”
The DoE said it was “fully empowered and competent in terms of Delhi Schools Education Act and Rules framed thereunder to issue” the January 6 order.
Terming the practice of granting admissions under management quota as being allegedly “non-transparent and opaque,” the DoE said the intention behind the notification was to “prevent maladministration.” The single judge in a February 4 order had stayed the DoE’s January 6 order with regard to scrapping of management quota as well as 11 other admission criteria, saying it was issued “without any authority” and was in conflict with an earlier decision of the lieutenant-governor.
The 11 criteria include those relating to the proven track record of parents, their proficiency in music or sports, their empirical achievements, the gender of the child and whether the kid was the first-born or adopted.
The single judge was of the prima facie view that the Delhi government’s January 6 order, scrapping a total of 62 criteria and management quota, was “issued without any authority” and was in “direct conflict” with the L-G’s 2007 order on nursery admissions in private unaided schools.
