Nursery admissions: Delhi HC decision today, NAC member writes to CJ

Refuting the Centre’s stand in the High Court that the Right to Education (RTE) Act does not apply to Nursery or pre-school, a member of the National Advisory Council, RTE, has written to the Chief Justice.

Vinod Raina, who was part of the drafting committee of the RTE Act and is a member the Central Advisory Board for Education - highest advisory body on education – in his submission to the Chief Justice has said that “where as the RTE Act is binding on the government as regards children in the 6-14 age group, it provides a choice (section 11) for the government as far as the 0-6 age group is concerned. The affidavit of the government that the Act does not cover the 0-6 age group is therefore simply not correct; it instead implies that the government has decided not to act on the choice provided to it in section 11 of the Act for the 0-6 age group.”

The High Court is hearing a petition by NGO Social Jurist that has 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.

On February 13, the Centre told the High Court that the Right to Education (RTE) Act, except for the provision that reserves 25 per cent to Economically Weaker Sections (EWS), does not apply to nursery or pre-school. And therefore that the prohibition under the RTE Act to screen children and collect capitation fee applies only to elementary education (children from 6 to 14 years).

Raina in his submission to the High Court has stated that, “it would be illogical to read the Act in a manner that malpractices in admission ought to be controlled only at the school level and not at the pre-school level. This would induce unscrupulous managements to transfer all induction level admissions to pre-school level. That would make a mockery of the spirit and provisions of the Act.”

The Centre’s stand has surprised those who have been involved with the RTE Act. Shanta Sinha, Chairperson of the National Commission for Protection of Child Rights, which is monitoring the implementation of RTE Act, has described the Centre’s stand as “disappointing.” (Read full report here .)

The High Court’s decision on the petition is expected today.