The Centre has told the Delhi High Court that the new nursery admission guidelines, issued by the Lt Governor, were "in consistency" with the Right To Education Act as they accorded primacy to neighbourhood schooling and provided 25 per cent quota for poor children.
The Human Resources Development Ministry had, however, on November 23, 2010, taken a stand that unaided recognised private schools were free to devise their own admission criteria under the RTE.
In a fresh affidavit filed before Justice Manmohan, the ministry said "the education being a subject on the concurrent list, the state government is within its rights to notify such policies/guidelines as may be necessitated."
"In view of the provisions/clarification of the Right To Education Act, 2009, the order of Hon'ble LG, Delhi on (i) 25 per cent quota seats for EWS and (ii) notification regarding limits of neighbourhood are in consistency with the RTE Act," the affidavit, filed by Jyoti Pahwa, Under Secretary in the HRD ministry, said.
The Centre has sought dismissal of separate pleas filed by Action Committee of Unaided Recognized Private Schools and Forum for Promotion of Quality Education for All, which represent most of the private schools here.
They have challenged the new nursery admission guidelines issued by the Lt Governor on December 18 by which various decisions, including scrapping of 20 per cent management quota, were taken.
LG Najeeb Jung had, in the new guidelines, taken decisions on neighbourhood criteria, which seeks schools to give preference to children living within a radius of 6 km from school, giving maximum weightage with 70 points out of 100 in open category seats.
Later, the LG enhanced the criteria to eight km.
Besides these, the applicants who have sibling studying in the same school will get 20 points and five points will be added by default in the application of girls and wards of school alumni.
