The Delhi High Court has held that the Right to Education Act does not apply to nursery, except for 25 per cent reservation for students from the Economically Weaker Section category. In delivering its judgement the High Court observed that it was the "right time for the government" to amend the RTE Act so that it becomes applicable to children below six years of age.
In effect, there will be no change in the present system of nursery admissions.
The decision comes in response to a petition by NGO Social Jurist that had challenged notifications issued by the Centre and the Delhi Government in 2010 that gave private unaided schools autonomy to formulate an admission policy based on a category-based system.
The petition had argued that a category-based admission process that gives preference to children whose siblings or parents went to the same school and has led to rampant commercialization of nursery admissions in the name of ‘management quotas’ is a blatant violation of the RTE Act. The Act prohibits discrimination between children on any grounds.
The Centre had on February 13 told the court that the Right to Education (RTE) Act, except for the provision that reserves 25 per cent for students from the EWS category, does not apply to nursery or pre-school.
Updated Date: Feb 19, 2013 11:22 AM