Case reaching SC banning screening of children for nursery admission, challenge to Delhi HC's decision

A petition was filed in the Supreme Court on Tuesday, challenging the order of the Delhi High Court, seeking direction to the Lieutenant Governor to give or withdraw his consent in the matter of banning the screening of children for nursery admission. Was done.

The Delhi High Court had on July 3 dismissed a PIL filed by NGO 'Social Jurist', saying it cannot interfere in the legislative process. Also, the LG cannot be directed to approve the Delhi School Education (Amendment) Bill, 2015, or to withdraw it.

The NGO has filed an appeal in the Supreme Court through advocate Ashok Aggarwal and said that the bill to ban the screening process in nursery admission in schools has been stuck between the Center and Delhi government for the last 7 years.

Dismissing the PIL, a division bench of the HC had said that it is not appropriate for the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to direct the Governor to fix time limits in cases where Which fall completely within his domain.

The high court in its order said, "In the considered opinion of this Court, even if the Bill has been passed by the House, it is always open to the Governor to intervene in such a matter or send the Bill back to the House. "

The appeal against the HC decision said it highlights that the basic objective of the 2015 Bill is to protect young children from exploitation and discrimination in nursery admissions in private schools.

It said the purpose of the bill had been defeated due to the delay. The Delhi government passed the law by the state assembly in 2015. It said the bill was passed keeping in mind Delhi's 2013 decision. The High Court heard the public interest litigation filed by the social jurist.

The High Court had said in 2013 that the government may consider making necessary amendments to the law to ensure that children seeking nursery admission also get the benefits of the Right to Education Act. The 2009 law provides for free and compulsory education as a fundamental right to all children aged 6 to 14 years.

The NGO said it gave a representation to the authorities on March 21, 2023, requesting them to immediately finalize the bill. However, on April 11, a response was received from the Centre, stating that the bill was not yet finalized by both governments.

It said that private schools in Delhi enroll more than 1.5 lakh children every year at the nursery level and screen children above three years of age, which is against the basic spirit of the Right to Information Act, of 2009.