Delhi HC stays upper age limit criteria for nursery admissions

Parents seeking nursery admission forms for their wards wait outside Tagore International school, New Delhi. 
Photo: HT

Parents seeking nursery admission forms for their wards wait outside Tagore International school, New Delhi. Photo: HT

New Delhi: The Delhi high court on Friday stayed a notification by the Delhi government which had fixed four years as the upper age limit for nursery admissions in private unaided schools in the National Capital Region.

“All children above the age of 4 years who are desirous of taking nursery admission in private schools for academic year 2016-17 shall be entitled to apply on or before 9 February,” the order noted.

Justice Manmohan deemed it necessary to pass the interim direction in the interest of parents who were affected by the notification, coming just ahead of the admission process.

The court also asked the director of education to ensure that applications of children applying under the economically weaker sections category are accepted online.

The court was of the view that the impugned order virtually had a retrospective effect in as much as some parents had been deprived of their fundamental rights without any warning.

“The impugned notification had been issued without a legal sanction and is in violation of the earlier 2007 order, passed under the authority of Lt Governor which did not provide for such bar on age for admissions,” Akhil Sachar, appearing for the minors, told the court.

According to the notification issued by the directorate of education on 18 December, the upper age limit for nursery, pre-primary and Class I was set at 4, 5 and 6 years, respectively.

The order was challenged by way of a bunch of petitions filed by minors who claimed that the impugned order was “arbitrary and unconstitutional” and sought its quashing.

The court’s decision came a day after it stayed the Delhi government order scrapping management quota for nursery admissions in private unaided schools.

The case will be heard next on 18 April.

[“source-Livemint”]