State of govt schools irks HC
AAP govt cannot take away autonomy of private schools, says HC
Criticising the AAP government, the Delhi high court directed the city government to “set its house in order” by administering its schools and improving them instead of trying to “take over” admission process of private unaided schools.
“One major reason for all this is the poor state of public schools. No one is addressing that issue. Those people ( the government) that can’t administer a public school are trying to take over admissions of private schools. Please set your house in order. Then there would be no reason for people to rush to private schools,” Justice Manmohan said.
He made the observation while issuing a notice to the Delhi government and asking it to respond to the pleas by private schools seeking quashing of the government’s January 6 order scrapping 62 criteria, including management quota, for nursery admissions.
The court also expressed doubts over scrapping of all 62 criteria, except for some like quotas for children whose parents were vegetarians, non- alcoholics or non- smokers. Such criteria, if being implemented by any private school for admissions, amounts to maladministration, the court said. It, however, clarified that parents as of now can apply even as per the 62 criteria, but “scrutiny of applications would be subject to final orders” in the petitions by the Forum for Promotion of Quality Education and Action Committee of Unaided Recognised Private Schools.
The court said the AAP government cannot take away the autonomy of private schools, especially by an order which has not been passed under any statutory provision.
During the hearing, it also said that in its November 28, 2014 verdict scrapping the point system of nursery admissions devised by the Lt Governor for private unaided schools, it had told the government to amend the statute. “But you do nothing and come out with another office order. Why do you ( govt) do it at the last moment,” it asked.
To this, Delhi government said it had asked schools to upload the criteria by December 8 last year but they did so by December end.
The court directed the government to file its response in a week and listed the matter for hearing on January 28.
The two associations, which represent a number of private unaided schools in the national capital, contended that the government cannot take away their autonomy with regard to nursery admissions when the same has been upheld by the high court and the Supreme Court.
They said they were not trying to champion the cause of all the scrapped 62 criteria, except a few like management quota.
The school bodies also contended that when the high court’s earlier verdict had not been set aside, how can the government now come out with the January 6 order.
The pleas filed by the associations has sought quashing of the AAP government’s decision to scrap management and other quotas, except for the Economically Weaker Sections ( EWS) in the city’s private schools, saying the “order is absolutely without jurisdiction and is thus, liable to be quashed”.