Fri. Sep 18th, 2020

Ramesh Negi vs Government Of Nct Of Delhi And Ors on 2 September, 2015

2 min read

1. The petition seeks mandamus to the respondents no.1 to 3 Directorate

of Education (DoE) of the Government of National Capital Territory of

Delhi and to the respondent no.8 Chief Commissioner of Persons with

Disabilities to ensure admission of his minor son born on 5 th January, 2011

to the Preparatory (Prep)/ Nursery Class in either of the respondents no.4 to

7 Sanskriti School, Springdales School, Bal Bharati Public School Rajinder

Nagar or Delhi Public School, Mathura Road, under the category of

Children With Special Needs (CWSN).

2. Notice of the petition was issued on 10th June, 2015 when the

respondents no.4 to 7 Schools were also directed to inform the status of

compliance with the Circular dated 10th February, 2015 of the respondent

DoE and the respondent DoE was directed to ascertain the said information.

Vide subsequent order dated 17th June, 2015, respondents no.4 to 7 Schools

were further directed to in their respective counter affidavits clarify as to

how and when the applications of the CWSN admitted to the respective

Schools were received and admissions granted. Neither has anybody

appeared for the respondent no.7 Delhi Public School, Mathura Road nor

any counter affidavit has been filed on its behalf. Counter affidavits have

been filed by the respondent DoE and the respondents no.4 to 6 Schools. The

counsels were heard on 21st July, 2015 when it appeared that the right which

was asserted by the counsel for the petitioner was under the Right of

Children to Free and Compulsory Education (RTE) Act, 2009. Attention of

the counsel for the petitioner was invited to the judgment of the Division

Bench of this Court in Social Jurist, A Civil Rights Group Vs. Government

of NCT of Delhi AIR 2013 Del. 52 referred to in Forum for Promotion of

Quality Education for All Vs. Lt. Governor, Delhi 216 (2015) DLT 80 to

enquire whether not it was held therein that RTE Act is not applicable to

Nursery classes or below the age of six years. It was as such enquired from

the counsel for the petitioner as to how under the RTE Act mandate to the

respondent DoE to ensure admissions in the Prep / Nursery class was sought.

Upon the counsel contending that the petitioner was also invoking the

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full

Participation) (PWD) Act, 1995 it was enquired as to how the same could be

invoked against the respondents no.4 to 7 unaided Schools. It was yet further

enquired whether not as held by this Court in Forum for Promotion of

Quality Education for All supra, the unaided schools in the matter of

admission to Nursery classes have an absolute autonomy, which cannot be

interfered with by the State by office orders / circulars which do not have

any authority of law. On request of the counsel for the petitioner, hearing

was adjourned. On 29th July, 2015 further arguments were heard and hearing

concluded.

Source: Indian Kanoon

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