Justice Manmohan issued notice to Delhi government and sought its reply within four weeks on the petition filed on behalf of a 14-year-old girl, who had failed to clear three tests held by DoE this year for admissions to Class IX in government schools.
According to DoE's circulars, the entrance tests were mandatory for "non-plan admissions" to Class IX.
The girl, along with her mother, had moved to Delhi from Uttarakhand this year as her father was staying here.
The petition, filed through advocate Ashok Aggarwal, has contended that the DoE circulars are "illegal, arbitrary, discriminatory and unconstitutional" and go against the letter and spirit of the Constitution as well as provisions of the Right of Children to Free and Compulsory Education (RTE) Act.
"It is submitted that such a condition of admission test is a super-imposition over a clear and express provision of RTE Act," the petition has said, adding that "Subjecting petitioner-student to admission-test for Class IX tantamount to holding her back in Class VIII."