Two groups representing private unaided schools today moved Delhi High Court challenging a condition in the letter allotting DDA land to them under which admissions have been restricted to the institutions' locality.
The pleas by Action Committee Unaided Recognised Private Schools and Forum for Promotion of Quality Education were mentioned before a bench of justices Badar Durrez Ahmed and Ashutosh Kumar who allowed the matter to be listed for hearing tomorrow before the appropriate bench.
A similar plea, on behalf of some parents, was also allowed for tomorrow.
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Action Committee Unaided Recognised Private Schools, in its plea, contended that the restriction in the Delhi Development Authority (DDA) allotment letters was "illegal, arbitrary, unenforceable and unconstitutional" and sought that it be quashed.
It challenged the December 19, 2016 circular of the Directorate of Education (DoE) under which it had issued an admission guideline for entry level classes for open seats in private unaided schools on private land for 2017-2018 session, saying it "illegally and arbitrarily distinguished between schools situated on private land and those running on land allotted by DDA".
The association has also challenged a January 7, 2017 order of Lt Gov Anil Baijal approving the nursery admission guidelines for 298 private schools on DDA land.
The guidelines state the schools on DDA land "shall not refuse admission to the residents of the locality".
Defining what neighbourhood would mean, the guidelines state that students who are residing within 1 km of the school will be preferred and if seats are not filled, preference will be given to students residing within 1-3 km 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 kms area," as per the guidelines.
The schools have contended that enforcing the clause in the DDA allotment letter would result in reducing world class educational institutions into neighbourhood schools and would be violative of their fundamental rights.
They have claimed that they have the autonomy to regulate their admissions as per the Delhi School Education Act and the Rules.
The process for nursery admissions in over 1400 private schools began in the national capital on January 2 and is expected to end on January 23.
The first list of selected candidates, including the wait list candidates, along with marks allotted under point system, will be announced by schools on February 15.
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