The Delhi High Court put a stay on the Delhi government’s order to abolish “management quota” in nursery admissions in private unaided schools. The Court observed that the order was “prima facie without any authority”.
Now schools are free to create their own admission criteria for this year.
However, the court clarified that the January 6 order of the Directorate of Education (DoE) has not been struck down and merely been stayed till final disposal of the petition.
The bench of Justice Manmohan said, “Rule 145 of (Delhi School Education) Rules, 1973, states that the head of every recognised unaided school shall regulate admissions in their school. Consequently, it was held that private unaided schools have maximum autonomy in day-to-day administration, including the right to admit students.”
The bench said that the schools had agreed to defend only 11 specific criteria to be adopted under management quota and the DoE could take action if a school was found ‘misusing’ the quota. It added that “prima facie there is nothing in the 11 criteria which would show that they are unreasonable or based on whims and fancies and/or they can lead to maladministration.”
The 11 criteria permitted by the bench includes qualification of parents, their proficiency in fields such as sports, music, social work, as well as points for first born child, gender specific points and for adopted children and twins.
The Court added that management quota had been recommended by the Ganguly Committee — formed by a division bench of the high court — and “accepted and approved by the GNCTD in its 2007 order”.
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