If the neighbourhood criteria is relevant for admitting poor and disadvantaged children in nursery, then it cannot be irrelevant or irrational to apply the same to other kids of same age group, the city government today told the Delhi High Court.
The submission was made before Justice Manmohan after the court said under Right to Education (RTE) Act neighbourhood criteria was relatable to the 25 per cent children from economically weaker section and disadvantaged groups, but not to the remaining 75 per cent.
The court also said if the neighbourhood criteria was accepted then by "logical extension" it can be stated that children living in south Delhi cannot take admission in colleges in north campus, and questioned from where the government got the power to impose this condition.
"The power is being tested. I am not finding any provision in RTE which provides such a power," the judge said.
Appearing for the Directorate of Education (DoE) of the Delhi government, Additional Solicitor General (ASG) Sanjay Jain said there is a difference between nursery children and college-going students.
He further said if the statute allows neighbourhood criteria for poor children, then it can be made applicable to others also as no distinction is drawn between the kids.
"Distinction is drawn between the parents. If tomorrow the financial position of the parents of a kid improves then he or she will not get benefit of EWS category," the ASG said.
He said that the DoE's decision was "pro-child" and "not arbitrary" and was guided by the RTE Act.
"Neighbourhood criteria is ingrained in the very first step of opening of a school," the senior lawyer said, while concluding arguments for the day.
The court was hearing pleas challenging the AAP government's recent order to private unaided schools on DDA land to admit children in nursery class using the neighbourhood norm.
The petitions, by some parents and two school groups, have
challenged two circulars of December 19, 2016 and January 7, 2017 which enforced an allotment clause and thereby restricted admission in schools on DDA land to their locality.
The two school groups -- Action Committee of Unaided Recognised Private Schools and the Forum for Promotion of Quality Education -- and the parents have contended that the two circulars are bad in law and curtailed their fundamental rights.
298 private unaided schools on DDA land were affected by the nursery admission guidelines which state that such institutes "shall not refuse admission to the residents of the locality".
The court, however, by way of an interim order had allowed the parents to fill up the application forms for the various schools based on the criteria set by them as well as the Delhi government.
Later, it had also stayed the government's notification asking private minority unaided schools to accept nursery admission forms using neighbourhood criteria.
Defining what neighbourhood would mean, the guidelines under challenge say that students residing within one km of the school will be preferred and if seats are not filled, preference will be given to students residing within 1-3 kms of the school.
"Students residing beyond 6 kms shall be admitted only in case vacancies remain unfilled even after considering all the students within 6 km area," as per the guidelines.
