Ensure admission of poor kids upto 5yrs in nursery: HC to govt

New Delhi, April 26 (PTI): Poor and disadvantaged children up to five years of age can now hope to get admission in nursery classes in private schools, with the Delhi High Court today asking the AAP government to ensure their admission.

Agreeing to this, the Delhi government’s Directorate of Education said it would consider the admission of students aged between three to five years for nursery classes, four to six years for KG and for class one, it would admit those who are between five to seven years of age.

Expressing concern that the students may miss classes for the academic year 2017-18, a bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said “without prejudice to the parties, the Delhi government should forthwith issue an order” raising the age bar, instead of fixing four years as the age limit for entry-level admissions.

“Keeping in view that it was the statutory duty of the government to ensure free and compulsory education to all, including the economically weaker sections and disadvantaged groups of the society, the government should issue an order for raising age for admission in the nursery classes for this year,” the bench said in its interim order.

The court also issued notice to Delhi government and sought its response before September 19, the next date of hearing.

It, however, gave an interim order in the interest of the poor children, observing that no student be denied admission under the shield of the notification.

Delhi government’s additional standing counsel Peeyoosh Kalra also submitted that those who are above seven years of age will be given admission in their schools.

The court and the Delhi government lawyer were in agreement that it would not be appropriate to admit 10-12 year old boys in nursery.

“Can you have a boy of 10 years of age, where there is a four year old little girl,” the bench remarked.

The court was hearing a plea by NGO Justice For All, which has moved the court challenging the Delhi government’s December 18, 2015 notification whereby an upper age limit has been fixed by the government for entry-level admissions in the government and private schools here.

Advocate Khagesh Jha, appearing for the NGO, submitted that the Delhi government’s education department had issued the allotment letter to poor students for admission in various classes, but private schools were orally rejecting admissions on the ground of upper age.

He submitted that a single judge in February 2016 had already stayed the notification with regard to general category students, saying fixing upper age limit for nursery admissions in private schools had curtailed the right of a child seeking admission.

The petition has sought a direction to the government to ensure admission of all students whose admission has been rejected by schools on the ground of over age.

The plea alleged that it was failure of the government to ensure admission of children belonging to economically weaker section and disadvantage group, shall result in the denial of fundamental right of education guaranteed to the children under articles 21A of the Constitution.