February 18, 2016

Nursery admission: Delhi HC upholds interim stay on age limit notification

The Delhi high court on Tuesday upheld its 5 February order which had stayed a notification by the Delhi government fixing four years as the upper age for nursery admissions in private unaided schools in the National Capital Region.
A bench comprising Chief Justice G. Rohini and Jayant Nath found no fault with the interim stay issued by justice Manmohan. Subsequently, he had also passed an interim order that said private unaided school managements are entitled to full autonomy in administration including the right to admit students.
“All children above the age of four years who are desirous of taking nursery admission in private schools for academic year 2016-17 shall be entitled to apply on or before 9 February,” the order had noted.
“The interim stay is rightly issued,” the two-judge bench said on Monday while delivering the judgement.
According to the notification issued by the directorate of education on 18 December last year, the upper age limit for nursery, pre-primary and Class I was set at four, five and six years, respectively.
The order was challenged by way of a bunch of petitions filed by minors who claimed that the impugned order was “arbitrary and unconstitutional” and sought its quashing.
The main case on the legal validity of the government notification will be heard on 18 April.

source: www.livemint.com