Nursery admissions not under Right to Education purview, court told
Wednesday February 13, 2013 06:38:20 PM,
IANS
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New Delhi: The central
government Wednesday informed the Delhi High Court that the Right
to Education (RTE) law did not apply to nursery admissions and a
state government may have its own policies for this class.
Additional Solicitor General Rajeeve Mehra, appearing for the
central government, told the court that as per section 13 of the
Right of Children to Free and Compulsory Education Act, children
between the age 6-14 years were covered by the provisions for free
and compulsory elementary education.
He added that the children below the age of six were not covered
under the act but the "state government may make necessary
arrangement for providing free pre-school education to such
children".
A division bench of Chief Justice D. Murugesan and Justice V.K.
Jain said it will pass the order next week after going through the
central government's reply.
The bench Feb 12 asked the central government to clarify whether
the RTE law applied to nursery admissions and if it did, what
procedure was to be followed for it.
Mehra said the law stipulated that a child, between 6-14 years,
would be treated as a child covered under the legislation and,
hence, nursery admissions would not come under its purview.
In the government reply, Vikram Sahay, director, human resource
development (HRD)ministry, said: "Schools can admit in Class 1,
upto 25 percent of the strength of the class, children belonging
to weaker section and disadvantaged group in the neighbourhood and
provide free and compulsory elementary education till its
completion."
"The state government may have its own policies governing
admissions in pre-primary class," the reply said.
The court was hearing a petition filed by NGO Social Jurist
against the two notifications of the HRD ministry and the Delhi
government's directorate of education, empowering unaided private
schools to formulate their own nursery admission criteria.
The PIL by the NGO through advocate Ashok Agarwal alleged that
these two notifications had given a free hand to all unaided
recognized private schools.
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