2014 Supreme(Del) 2516

High Court of Delhi
MANMOHAN, J.
Forum for Promotion of Quality Education For All & Another
Versus
Lt. Governor of Delhi & Others
W.P.(C). Nos. 202 & 177 of 2014
Decided on : 28-11-2014

Headnote:

Constitution of India, 1950 - Articles 19(1)(a), 19(1)(g), 21 - Delhi School Education Act, 1973 - Sections 3(1), 16 - Right of Children to Free and Compulsory Education Act, 2009 - Sections 8, 12 and 13 - Autonomy - Private unaided schools - Admission - Power to choose a school has to primarily vest with the parents and not in the administration - Impugned office orders fail to consider the vitality as well as quality of the school and the specific needs of the individual families and students - By increasing parental choice and by granting schools the autonomy to admit students, the accountability of private schools can be ensured - Children should have the option to go to a neighbourhood school, but their choice cannot be restricted to a school situated in their locality - Neighbourhood concept was better taken care of by private unaided schools, both in terms of the guidelines laid down in the Ganguli Committee Report as well as under the earlier Admissions Order, 2007 - Impugned office orders being violative of the fundamental right of the school management to maximum autonomy in day-to-day administration including the right to admit students as well as the fundamental right of children through their parents to choose a school - Judgments are quashed qua private unaided schools with regard to seventy five per cent general nursery seats - Writ petitions is disposed of.

Constitution of India, 1950 - Articles 19(1)(a), 19(1)(g), 21 - Private unaided recognized school - Right to admission - Restriction - Private unaided recognized school managements have a fundamental right under Article 19(1)(g) of the Constitution to maximum autonomy in the day to day administration including the right to admit students - Right to administer is subject to reasonable restrictions under Article 19(6) of the Constitution - Restrictions cannot be imposed by way of office orders and that too, without any authority of law - Office orders cannot be contrary to Rule 145 of DSE Rules, 1973 and Guidelines issued by the Central Government under Section 35(1) of RTE Act, 2009.

Delhi School Education Act, 1973 - Sections 3(1), 16 - Delhi School Education Rules, 1973 - Rule 43, 145 - Admission - Allotment of marks - Categories - Permissibility of - Awarding as many as seventy out of ninety-five marks for neighbourhood - Impugned office orders place undue emphasis on location of residence of a child over which she/he has no control - Grant of uniform seventy marks to all children staying within the 8 kilometer radius operates unfairly because if there are more applicants than the seats available, the school has to hold a draw of lots - Awarding five marks for siblings studying in the same school irrespective of the number of siblings a child may have, the impugned office orders place a single child in a disadvantageous Position - After all, the parents who follow smaller family norms in the interest of the society cannot be placed at a disadvantageous position - Mandatory advice of the Delhi School Education Advisory Board under Section 22 of the DSE Act, 1973 had not been obtained prior to the issuance of the impugned office orders.

Right of Children to Free and Compulsory Education Act, 2009 -Sections 8, 12 and 13 - Constitution of India, 1950 - Articles 19(1)(a), 19(1)(g), 21 - Free and compulsory education - Age - Restriction - Except the proviso to Section 12(1)© of the RTE Act, 2009, none of the other provisions of the said Act apply to the nursery admission - Both Article 21-A of the Constitution and the RTE Act, 2009 specifically stipulate that the State shall provide free and compulsory education to all children in the age group of six to fourteen years, whereas nursery admission pertains to children below the age of six years.

Right of Children to Free and Compulsory Education Act, 2009 - Sections 8, 12 and 13 - Delhi School Education Act, 1973 - Sections 3(1), 16 - Admission - Nursery admission - Primary cause of the nursery admission chaos is lack of adequate number of good quality public schools - Till the quality of all public schools improves, the disparity between demand and supply will remain - This Court is of the view that no office order or policy or notification or formula can resolve this disparity - DSE Act, 1973 needs an extensive relook in view of coming into force of the RTE Act, 2009 - By virtue of new the RTE Act, 2009, a paradigm shift in the field of education has taken place and other Acts, like DSE Act, 1973 need to be harmonized and "backwardly integrated" with the new RTE Act.