An NGO today moved the Delhi High Court against its single judge order quashing the points system for nursery admission brought in by the Lieutenant Governor (LG) for private unaided schools here.
The single judge had passed order while disposing of two petitions by a committee and a forum representing the private schools which had challenged the LG's December 18 and December 27 notifications of last year by which the points system was introduced.
Aggrieved with the single judge decision, NGO -- Social Jurist in its plea said that the judge has erred in law in not appreciating the arguments that there is no question of schools' autonomy in the matter of admissions of tiny tots.
The appeal, filed two days after the judgement, said that in view of the fact that the Supreme Court in its verdict "has upheld the validity of Section 13 of the RTE Act, 2008 which prohibits screening procedure, there is no question of autonomy of the schools in the matter of admission of tiny tots".
"Single Judge erred in law in placing reliance on the Ganguly Committee's report inasmuch as the Gauguly Committee's Report became irrelevant after the enactment of the Rights of Children to Free and Compulsory Education Act," said the plea filed by advocate Ashok Agarwal.
The petition also states that the policy and philosophy underlying the RTE Act were clear that there should be no screening procedure for admission of children at elementary level in a school.
The plea said that right to education of children between the age of three and six years is a "fundamental right" under Articles 21 and 45 of the Constitution and the state is bound to ensure that the said right is available to all children.
