Nursery Admissions: Management quota is prone to misuse, says Delhi government

The Delhi government on Wednesday told the high court that management quota for nursery admissions in private unaided schools was “inherently prone to misuse” and this had led it to step in and scrap it.

The submission was made in response to a query by a bench of Chief Justice G. Rohini and Justice Jayant Nath as to how private unaided schools can be restrained from exercising management quota when they are entitled to it under a 2007 order of the lieutenant-governor.

“When there is something inherently prone to misuse, state as regulator can say don’t do it. Management quota is a criterion which is prone to misuse,” the Delhi government said on the issue.

The private unaided schools, on the other hand, contended that the Delhi government’s January 6 order scrapping various criteria and the management quota was not issued by the lieutenant-governor or under any statute and “ran foul” of the L-G’s 2007 order.

After hearing arguments of both sides, the bench reserved its verdict on the AAP government’s plea challenging a single judge order of the high court staying the scrapping of the management quota and certain other criteria for nursery admissions in private unaided schools.

While reserving its verdict, the court observed that due to shortage of good schools in Delhi, people were being forced to go to Noida where it was easier to get admission.

During the hearing, the court said the Aam Aadmi Party government would have to show that private unaided schools were indulging in commercialisation and profiteering by way of the management quota and asked, “Where is the basis for such allegation ”

The AAP government said it has received complaints from lot of parents that some schools have demanded capitation fees and added that these were placed before the single-judge who in turn asked the government to take action.

It said it has issued showcause notices to some schools which had indulged in such activity. The government also contended that the 2007 order was not etched in stone so as to make it insurmountable for all times to come.

It alleged that there were “inherent contradictions” in the entire approach of the single-judge who had passed the February 4 interim order in which he had also given a prima facie view that the January 6 decision was taken without any authority of law.

The government has contended that its January 6 order “was validly and lawfully” issued and it superseded the 2007 order. It also claimed that the decision was taken “without any view to interfering in autonomy of private unaided schools.”

It said the “objective was not to deprive private unaided schools of autonomy, but to ensure that admission to entry level classes are made in a fair, reasonable, rational, transparent and non-exploitative manner.”

The directorate of education (DoE) of the city government in its plea has said it was “fully empowered and competent in terms of Delhi Schools Education Act and Rules framed thereunder to issue” the January 6 order.